rijk/verdrag/notawisseling-houdende-een-verdrag-tussen-het-koninkrijk-der-nederlanden-en-het/BWBV0006336

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Notawisseling houdende een Verdrag tussen het Koninkrijk der Nederlanden en het Restmechanisme voor het Speciaal Hof voor Sierra Leone betreffende de zetel van het Restmechanisme voor het Speciaal Hof voor Sierra Leone	BWBV0006336	verdrag	geldend	2016-05-01	https://wetten.overheid.nl/BWBV0006336	Notawisseling houdende een Verdrag tussen het Koninkrijk der Nederlanden en het Restmechanisme voor het Speciaal Hof voor Sierra Leone betreffende de zetel van het Restmechanisme voor het Speciaal Hof voor Sierra Leone

Notawisseling houdende een Verdrag tussen het Koninkrijk der Nederlanden en het Restmechanisme voor het Speciaal Hof voor Sierra Leone betreffende de zetel van het Restmechanisme voor het Speciaal Hof voor Sierra Leone

Artikel 1

1. “The Agreement establishing the Residual Special Court” means the Agreement between the United Nations and the Government of Sierra Leone on the establishment of a Residual Special Court for Sierra Leone signed on 11 August 2010 as may be amended in the future;

2. “The Residual Special Court” means the Residual Special Court for Sierra Leone established by the Agreement establishing the Residual Special Court;

3. “The Resolution” means Security Council Resolution 1315 adopted on 14 August 2000, requesting Secretary-General of the United Nations to negotiate an agreement with the Government of Sierra Leone to create the Special Court for Sierra Leone;

4. “The Statute” means the Statute of the Residual Special Court, annexed to the Agreement establishing the Residual Special Court;

5. “The Tribunal” means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by the Security Council pursuant to its resolutions 808 (1993) and 827 (1993);

6. “The Tribunal headquarters agreement” means the Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Tribunal, signed in New York on 29 July 1994, as supplemented and may be supplemented in the future, attached in the Annex;

7. “The General Convention” means the Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on 13 February 1946;

8. “Persons performing missions for the Residual Special Court” means persons other than the ones specifically referred to in the Agreement establishing the Residual Special Court performing missions for the Residual Special Court in relation to investigations, prosecutions, judicial proceedings or other official activities of the Residual Special Court;

9. “Secretary-General” means the Secretary-General of the United Nations.

Artikel 2

The Residual Special Court may exercise in the Netherlands its jurisdiction and functions, in accordance with the Agreement establishing the Residual Special Court and its Statute.

Artikel 3

Unless otherwise provided in this Agreement, the Tribunal headquarters agreement shall apply mutatis mutandis to the Residual Special Court and its President, judges, Prosecutor, Registrar and staff serving with the Residual Special Court.

Artikel 4

1. State representatives not covered by Article 3 of this Agreement shall enjoy the same privileges and immunities as representatives of Members pursuant to Article IV of the General Convention.

2. Persons performing missions for the Residual Special Court not covered by Article 3 of this Agreement shall, to the extent necessary for their presence at the Residual Special Court in the Netherlands, enjoy the same privileges and immunities as witnesses and experts pursuant to Article XVIII of the Tribunal headquarters agreement.

Artikel 5

1. Privileges and Immunities are accorded to the Judges, the Prosecutor and the Registrar in the interest of the Residual Special Court and not for the personal benefit of individuals themselves. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purpose for which it is accorded shall lie with the Secretary-General in consultation with the President.

2. Privileges and Immunities are granted to staff serving with the Residual Special Court in the interest of the Court and not for the personal benefit of individuals themselves. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purpose for which it is accorded shall lie with the Residual Special Court Registrar.

3.

In addition, the following rules shall apply to the Residual Special Court concerning waiver of privileges and immunities:

a. a. The privileges and immunities of personnel recruited locally and assigned to hourly rates and not otherwise covered by this Article may be waived by the Registrar. b. b. The privileges and immunities of counsel, witnesses, experts and persons performing missions for the Residual Special Court may be waived by the President.

Artikel 6

1. The Kingdom of the Netherlands shall allow and facilitate the detention of the accused and other persons in the custody of the Residual Special Court within the detention facility made available to the Residual Special Court.

2. At the request of the Residual Special Court the Kingdom of the Netherlands shall arrest and surrender to the Residual Special Court any person, referred to in paragraph 1, escaped from the detention facility or during transport, under the same conditions and according to the same procedures as applicable to the Tribunal.

Artikel 7

Within their respective legal systems, the Residual Special Court and the Netherlands shall afford one another the greatest measure of assistance in connection with the trial of persons in custody of the Residual Special Court and related trials by the Netherlands.

Artikel 8

1. The Residual Special Court shall not release persons in the custody of the Residual Special Court on the territory of the Kingdom of the Netherlands except with the latter’s consent.

2. Where a person in the custody of the Residual Special Court will be released from the custody of the Special Court for any reason, the Special Court shall, as soon as possible, make such arrangements as it considers appropriate for his transfer, taking into account his views, to a State which is obliged to receive him, to another State which agrees to receive him, or to a State which has requested his extradition with the consent of the original surrendering State. In this case, the Kingdom of the Netherlands shall facilitate the transfer in accordance with this Agreement and related arrangements.

Artikel 9

The Parties to this Agreement agree to consult on further practical arrangements or agreements whenever necessary.

Artikel 10

1. The provisions of this Agreement shall be applied provisionally as from the date of the conclusion of this Agreement, with the exception of Articles 6, 7 and 8.

2. This Agreement shall enter into force on the first day of the second month after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.

3. This Agreement may be amended by mutual consent of the Parties.

4. This Agreement shall cease to be in force by mutual consent of the Parties, if the interim seat of the Residual Special Court is removed from the territory of the Netherlands or if the Residual Special Court is dissolved, except for such provisions as may be applicable in connection with the orderly termination of the operations of the Residual Special Court at its interim seat in the Netherlands and the disposition of its property therein, as well as provisions granting immunity from legal process of every kind in respect of words spoken or written or acts done in an official capacity under this Agreement.

5. This Agreement shall apply to the part of the Kingdom of the Netherlands in Europe only.