Agreement concerning the Headquarters of the International Residual Mechanism for Criminal Tribunals

The Agreement, concluded between the United Nations and Netherlands, regulates the Headquarters of the International Residual Mechanism for Criminal Tribunals in Netherlands.

The Mechanism shall possess full juridical personality (Article 3).

The Mechanism shall enjoy, in the territory of the Host Country, such privileges and immunities as are necessary for the fulfillment of its purpose (Article 4).

The President, the Prosecutor, the Registrar shall enjoy the immunities accorded to diplomatic envoys, including immunity from civil, criminal and administrative jurisdiction (Article 16).

Staff of the Mechanism and Experts shall enjoy immunity from legal process of every kind in respect of the words written and spoken and all acts performed by them in official capacity (Articles 17 and 18).

The Secretary General has the duty to waive the immunity granted under the Agreement of any person in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Mechanism (Article 25).

The Mechanism shall cooperate at all times with the competent authorities to facilitate the proper administration of justice and the enforcement of the laws of the Host State and to prevent any abuse in connection with the privileges, immunities and facilities accorded under the Agreement (Article 27).

The Mechanism shall make provisions for appropriate modes of settlement of: a) disputes arising out of contracts and other disputes of private law character; b) disputes involving any person referred to in this Agreement who, by reason of position or function, enjoys immunity if such immunity has not been waived by the Secretary General (Article 43).