can only be waived by an absolute majority of the judges.
Obligations
a) States must recognise the privileges and immunities of the judges, Prosecutor, Deputy Prosecutors and Registrar, and accord them the same immunities as are accorded heads of diplomatic missions.
b) States must also recognise the privileges and immunities of counsel, experts, witnesses and "any other person required to be present at the seat of the Court", once the ICC's agreement on privileges and immunities is concluded.
Implementation
States should recognise the privileges and immunities of the judges, Prosecutor, Deputy Prosecutors and Registrar in their implementing legislation. This should not be difficult, considering that most States will already have in place general privileges and immunities legislation or regulations, and legislative amendments could be made to specifically recognise the ICC judges, Prosecutor, Deputy Prosecutors and Registrar.
With respect to counsel, experts, witnesses and "any other person required to be present at the seat of the Court", the ICC's agreement on privileges and immunities is not yet negotiated and therefore the exact extent of the privileges and immunities that will be extended to this group is not known. It is possible that the general legislation of some States may not cover these particular privileges or immunities. Therefore, States may wish to "reserve" the right to issue regulations governing the privileges and immunities of this group in the future. In Canada's Crimes Against Humanity Act, for example, the Foreign Missions and International Organisations Act will be amended to allow for regulations providing that "the judges, officials and staff of the International Criminal Court ... and counsel, experts, witnesses and other persons required to be present at the seat of the Court shall have the privileges and immunities set out in article 48 of the Rome Statute, as defined in that subsection, and the agreement on privileges and immunities contemplated in that article."
3.2 Offences Against the Administration of
Justice of the ICC
Description
Article 70(1) of the Rome Statute creates certain offences against the administration of justice of the ICC. These are as follows:
"Intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties."
Under article 70 (3), the maximum penalty for committing one of these offences is five years imprisonment, and/or a fine that is to be stipulated in the Rules of Procedure and Evidence. The Rules will also elaborate the principles and procedures for the ICC to exercise its jurisdiction over these offences (article 70 (2)). Unlike the Statute's detailed provisions on the admissibility of cases involving "crimes" within the jurisdiction of the Court (articles 1 & 17 - 20), article 70 does not attempt to establish how and when the ICC will exercise jurisdiction over these "offences" where a State Party may also wish to exercise jurisdiction over the same matter a
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