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The UN and the ICC: The Immunity of the UN and Its Officials: IN MEMORIAM: Paul C. Szasz 1929–2002

Published online by Cambridge University Press:  03 March 2004

Paul C. Szasz  and
Thordis Ingadottir
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Abstract

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The Relationship Agreement between the United Nations and the International Criminal Court should contain provisions governing situations where requests from the Court might impinge on the privileges and immunities of the UN under its Charter and Privileges and Immunities Convention. In particular, the Court might need access to documents in the UN's archives, might require the testimony of persons serving, or having served, the UN in various capacities and might even consider some such persons as potential defendants; in addition, the inclusion of such provisions might make it advisable to include an effective disputes resolution clause in the Agreement.

Keywords

immunityInternational Criminal CourtUnited Nations
Type
HAGUE INTERNATIONAL TRIBUNALS
Information
Leiden Journal of International Law , Volume 14 , Issue 4 , December 2001 , pp. 867 - 885
Copyright
© 2001 Kluwer Law International

Footnotes

This study was based on the version of the draft UN/International Criminal Court (‘ICC’) Relationship Agreement that emerged from the 7th session of the ICC Preparatory Commission (infra note 5). Since then the Commission, at its 8th session adopted, on 5 October (see UN Doc. PCNICC/2001/L.3/Rev.1, para. 13), a draft of the Relationship Agreement that it will submit to the Assembly of States Parties at its first session (UN Doc. PCNICC/2001/L.4/Add.1, 4 October 2001). That draft is, in respect of the provisions considered herein, essentially unchanged from the draft on which this study is based, except that former Arts. 8, 11, and 19bis have become respectively Arts. 19, 20, and 22, all with only very minor editorial changes; furthermore, the two additional paragraphs proposed for former Art. 8 in the Annex to the earlier draft have become paras. 1 and 2 of new Art. 16, the former with substantial changes. The new draft will not be dealt with further by the Preparatory Commission, but will be considered by the Assembly of States Parties, and will of course have to be negotiated with the United Nations; at those stages the proposals made herein might still be taken into account.