able to co-operate with the ICC.
Parts 9 and 10 of the Statute set out the general types of co-operation that may be requested by the Court and the obligations of States Parties in this respect. However, not all of the forms of State assistance are set out in detail in Parts 9 and 10, as earlier parts of the Statute also deal with co-operation that may be required during ICC investigations and prosecutions. For example, the various chambers of the ICC and the ICC Prosecutor may make certain requests of States at different stages of a criminal proceeding, and the functions of these entities are set out in Part 5 - Investigation and Prosecution; Part 6 - The Trial; and Part 8 - Appeal and Revision. Therefore, the rest of this section of the Manual draws together the various forms of assistance that are detailed throughout the Statute, in roughly the order that a criminal investigation occurs.
Readers should not be daunted by the large amount of material in this section of the Manual. It does not mean that implementation of the Rome Statute will necessarily be a large undertaking. The Manual provides guidance on the precise obligations of States under the Statute, but it also makes suggestions as to how States may wish to go beyond the requirements under the Statute, in order to make the ICC even more effective. This distinction is made clear throughout the Manual, as every requirement is listed under the heading "Obligations" in every section. Therefore States that wish not to expend unnecessary resources in implementing the Rome Statute can clearly see what the exact standard is in each area of implementation. They will find that it will be very easy for them to comply with the requirements under the Statute, in most instances.
3.1 Privileges and Immunities of ICC Personnel
Description
The ICC is a treaty based international organisation, but not an organ of the United Nations. Therefore, States cannot assume that ICC personnel will automatically be covered by existing State laws on the protection of UN personnel.
Article 48 of the ICC Statute governs privileges and immunities for the Court. This is very similar to article 105 of the UN Charter regarding judges of the International Court of Justice. The judges, Prosecutor, Deputy Prosecutors and Registrar of the ICC will enjoy the same immunities as are accorded to heads of diplomatic missions and will, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind "in respect of words spoken or written and acts performed by them in their official capacity". This will help to prevent any politically motivated allegations against such personnel or any reprisals after they retire from the Court.
The ICC Preparatory Commission will develop a further agreement on privileges and immunities, once it has completed developing the draft Rules of Procedure and Evidence and draft Elements of Crimes as of June 30, 2000. Under article 48 (3), this agreement will cover the Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry, and will be linked to the "privileges and immunities and facilities necessary for the performance of their functions". In addition, this agreement will cover counsel, experts, witnesses and "any other person required to be present at the seat of the Court", and is limited to such privileges and immunities as are necessary "for the proper functioning of the Court". The Assembly of States Parties will adopt the agreement on privileges and immunities, after which time it will take effect.
Article 48 (5) sets out who can waive the privileges and immunities of judges, the Prosecutor, the Registrar, the Deputy Prosecutors, staff of the Office of the Prosecutor, the Deputy Registrar and the staff of the Registry. For example, the privileges and immunities of judges and the Prosecutor
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