Chapter 6. Privileges and immunities

• Author: International Criminal Court
• Pages: 20-20

OTP2013/024322 20 / 21

75. Any unsatisfactory conduct may result in the Prosecutor imposing appropriate

disciplinary measures in accordance with Chapter X of the Staff Rules.

76. Members of the Office shall cooperate with any investigations into an alleged breach

of this Code, and comply with any measures that may be imposed by the

Prosecutor.

Privileges and immunities

Chapter 6.

Purpose of privileges and immunities

Section 1.

77. The privileges and immunities enjoyed by the Court, its officials and its Staff

members by virtue of article 48 of the Statute, the Agreement on Privileges and

Immunities of the Court and ad hoc agreements with States, and the Headquarters

Agreement between the International Criminal Court and the Host State are granted in the

interests of the good administration of justice and not for the benefit of the

individuals themselves. Those privileges and immunities may be waived in

accordance with the applicable procedures and there is a duty to do so in any

particular case where they would impede the course of justice and can be waived

without prejudice to the purpose for which they were accorded.

78. The privileges and immunities enjoyed by the Court are in no way intended to

derogate from the obligations of Members of the Office to observe their private legal

obligations.

Waiver of privileges and immunities

Section 2.

79. In any case where an issue arises regarding the application of those privileges and

immunities, the Deputy Prosecutor or Staff member shall immediately report the

matter to the Prosecutor, who may decide whether such privileges and immunities

exist and whether they shall be waived in accordance with the relevant Court

instruments.

80. If a Staff member or a Deputy Prosecutor engages in conduct which constitutes a

crime punishable by deprivation of liberty or other penalty under the national law

of the State(s) with jurisdiction to investigate and prosecute, the Prosecutor may

waive the privileges and immunities of such alleged offender upon request of the

State(s) concerned. In the case of the Prosecutor, the privileges and immunities may

be waived by an absolute majority of the judges.