Headquarters Agreement between the International Criminal Court and the Host State

The Agreement establishes the Headquarters of the International Criminal Court in Netherlands and regulates the status, privileges and immunities of the Court and its agents in the Host Country.

The Court shall have international legal personality in accordance with article 4, paragraph 1, of the Statute, and shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its
purposes (Article 3). The Court shall enjoy, in the territory of the host State, such privileges, immunities and facilities as are necessary for the fulfillment of its purposes (Article 5).

The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy privileges, immunities and facilities in the host State when engaged on or with respect to the business of the Court They shall, inter alia, enjoy immunity from criminal, civil and administrative jurisdiction. In addition to the privileges, immunities and facilities listed in paragraph 1 of this article and the privileges and immunities that apply in accordance with article 48, paragraph 2, of the Statute, the judges, the Prosecutor, the Deputy Prosecutors and the Registrar, together with members of their family forming part of their household who do not have Netherlands nationality or permanent residence status in the host State, shall enjoy the same privileges, immunities and facilities as are accorded by the host State to heads of diplomatic missions in conformity with the Vienna Convention (Article 17).

The Deputy Registrar and staff of the Court shall enjoy immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after termination of their employment with the Court. Staff of the Court of P-5 level and above shall be accorded the same privileges, immunities and facilities as the host State accords to diplomatic agents of comparable rank of the diplomatic missions. Staff of the Court of P-4 level and below shall be accorded the same privileges, immunities and facilities as the host State accords to members of the administrative and technical staff of diplomatic missions established in the host State, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties (Article 18).

Personnel recruited locally by the Court and not otherwise covered by this Agreement shall be accorded immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Court (Article 19).

Counsel , Experts and Witnesses shall enjoy immunity from legal process of every kind in respect of words spoken
or written and all acts performed by them in the performance of their duties or in the course of their testimony (Articles 25, 26, 28).

The Court shall cooperate with the competent authorities to facilitate the enforcement of the laws of the host State, to secure the observance of police regulations and to prevent the occurrence of any abuse in connection
with the privileges, immunities and facilities accorded under this Agreement (Article 34).