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HEADQUARTERS AGREEMENT
Between the Government of Sierra Leone and the Special Court for Sierra Leone
PART 1—GENERAL PROVISIONS
Article
1 Interpretation
Article
2 Purpose and scope of this Agreement
Article
3 General provision on privileges and immunities
PART 2—PREMISES OF THE SPECIAL COURT
Article
4 Inviolability of the premises of the Special Court
Article
5 Law and authority on the premises of the Special Court
Article
6 Protection of the premises of the Special Court and their vicinity
PART 3—PROPERTY, FUNDS AND ARCHIVES OF THE SPECIAL COURT
Article
7 Property, funds and assets of the Special Court
Article
8 Archives and documents of the Special Court
PART 4—FINANCIAL MATTERS
Article
9 Exemption from taxes and duties
Article
10 Commissary
Article
11 Licensing requirements and fees
PART 5—FACILITIES AND SERVICES
Article
12 Communications facilities
Article
13 Public services for the premises of the Special Court
PART 6—PRIVILEGES AND IMMUNITIES
Article
14 Privileges and immunities of the Judges, the Prosecutor, the Deputy
Prosecutor and the Registrar
Article
15 Privileges and immunities of Sierra Leonean and international personnel
Article
16 Personnel recruited locally and assigned to hourly rates
Article
17 Persons performing missions for the Special Court
Article
18 Counsel
Article
19 Witnesses and experts
Article
20 The suspect or accused
Article
21 Entry into, exit from and movement within the host country
Article
22 Additional provision on privileges and immunities
PART 7—COOPERATION, NOTIFICATION AND IDENTIFICATION
Article
23 Cooperation with the competent authorities
Article
24 Notification
Article
25 Identification documents
Article
26 Flag, emblem and markings
PART 8—OPERATIVE PROVISIONS
Article
27 Settlement of disputes
Article
28 Final provisions
BETWEEN THE REPUBLIC OF SIERRA LEONE AND
THE SPECIAL COURT FOR SIERRA LEONE
Whereas the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, signed on 16 January 2002, established the Special Court for Sierra Leone to investigate and prosecute ‘those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996’;
Whereas the Special Court for Sierra Leone has been established as an independent judicial institution;
Whereas Article 10 of the Agreement establishing the Special Court provides that ‘[t]he Special Court shall have its seat in Sierra Leone’;
Whereas Article 11 of the Agreement establishing the Special Court and section 2 of the Special Court Agreement, 2002, (Ratification) Act, 2002 provide for and specify the juridical capacity of the Special Court;
Whereas the Agreement establishing the Special Court provides for the inviolability of the Special Court, its premises and property, as well as privileges and immunities for its officials, personnel and certain other people;
Whereas the Special Court Agreement, 2002, (Ratification) Act, 2002 implements those provisions of the Agreement between the United Nations and the Government of Sierra Leone on the establishment of the Special Court for Sierra Leone which are not self executing as well as those that need to be supplemented;
Whereas the Special Court for Sierra Leone and the Government
of Sierra Leone wish to conclude an Agreement supplementing the Agreement
establishing the Special Court to regulate matters relating to or arising
out of the establishment and proper functioning of the Special Court in
Sierra Leone that are insufficiently dealt with or not dealt with in those
instruments;
Have agreed as follows:
PART 1—GENERAL PROVISIONS
In this Agreement, unless the context otherwise requires—
(a) “Accused” means a person referred to as such in Article
14 of the Agreement establishing the Special Court, in the Statute and
in the Rules of Procedure and Evidence;
(b) “Agreement establishing the Special Court” means the Agreement
between the United Nations and the Government of Sierra Leone on the establishment
of a Special Court for Sierra Leone signed on 16 January 2002, as amended;
(c) “Competent authorities” means national, provincial, municipal
and other competent authorities under the law of the host country;
(d) “Counsel” means a person referred to as such in Article
14 of the Agreement establishing the Special Court, and includes co-counsel;
(e) “Deputy Prosecutor” means the Deputy Prosecutor of the Special
Court appointed by the Government of Sierra Leone pursuant to Article 3
of the Agreement establishing the Special Court;
(f) “Expert” means a person referred to as such in Article 15
of the Agreement establishing the Special Court and appearing at the instance
of the Special Court, a suspect or an accused to present testimony based
on special knowledge, skills, experience or training;
(g) “Government” means the Government of the Republic of Sierra
Leone;
(h) “Host country” means the Republic of Sierra Leone;
(i) “Judges” means the Judges of the Special Court appointed
by the Government of Sierra Leone and the Secretary-General pursuant to
Article 2 of the Agreement establishing the Special Court;
(j) “Law of the host country” means the laws of the Republic
of Sierra Leone as referred to in section 170 of the Constitution of the
Republic of Sierra Leone;
(k) “Persons performing missions for the Special Court” means
persons other than the ones specifically referred to in the Agreement establishing
the Special Court performing missions for the Special Court in relation
to investigations, prosecutions, judicial proceedings or other official
activities of the Special Court;
(l) “Premises of the Special Court” means buildings, parts of
buildings and areas, including those installations, facilities and utilities
referred to in Article 5 of the Agreement establishing the Special Court,
made available to, maintained, occupied or used by the Special Court in
the host country in connection with its official functions and purposes;
(m) “President” means the President of the Special Court as
referred to in Article 2 of the Agreement establishing the Special Court
and in Article 12 of the Statute;
(n) “Prosecutor” means the Prosecutor of the Special Court appointed
by the Secretary-General pursuant to Article 3 of the Agreement establishing
the Special Court;
(o) “Registrar” means the Registrar of the Special Court appointed
by the Secretary-General pursuant to Article 4 of the Agreement establishing
the Special Court;
(p) “Rules of Procedure and Evidence” means the Rules of Procedure
and Evidence referred to in Article 14 of the Statute;
(q) “Sierra Leonean and international personnel” means the staff
of the Special Court as referred to in Article 13 of the Agreement establishing
the Special Court;
(r) “Special Court” means the Special Court for Sierra Leone
established by the Agreement between the United Nations and the Government
of Sierra Leone, and includes any organ of the Special Court;
(s) “Special Court Agreement, 2002, (Ratification) Act, 2002” means
the Special Court Agreement, 2002, (Ratification) Act, 2002 (No. 9 of 2002)
as amended by the Special Court Agreement, 2002, (Ratification) (Amendment)
Act, 2002 (No. 16 of 2002);
(t) “Statute” means the Statute of the Special Court, annexed
to the Agreement establishing the Special Court;
(u) “Suspect” means a person referred to as such in Article
14 of the Agreement establishing the Special Court, in the Statute and
in the Rules of Procedure and Evidence;
(v) “United Nations” means the United Nations, an international
governmental organisation established under the Charter of the United Nations;
(w) “Vienna Convention” means the Vienna Convention on Diplomatic
Relations done on 18 April 1961;
(x) “Witness” means a person referred to as such in Article
15 of the Agreement establishing the Special Court and any person appearing
before the Special Court from inside Sierra Leone for the purpose of giving
testimony on a summons or a request of the Judges, the Prosecutor or the
Defence.
Article 2
Purpose and scope of the Agreement
This Agreement shall regulate matters relating to or arising out of the establishment and proper functioning of the Special Court in Sierra Leone, pursuant to the Agreement establishing the Special Court.
Article 3
General provision on privileges and immunities
In accordance with the Agreement establishing the Special Court, the Special Court shall enjoy such privileges and immunities as are necessary for the fulfilment of its official functions and purposes.
PART 2—PREMISES OF THE SPECIAL COURT
Article 4
Inviolability of the premises of the Special Court
1. The premises of the Special Court shall be inviolable, as set forth in Article 8(1) of the Agreement establishing the Special Court.
2. Subject to paragraph (1), any person authorised to enter any place under any law of the host country shall not exercise that authority with respect to the premises of the Special Court except with the consent of, or at the request of, the Registrar or an official designated by the Registrar.
3. Judicial actions and the service or execution of legal process, including the seizure of private property, cannot be enforced on the premises of the Special Court except with the consent of and in accordance with conditions approved by the Registrar.
4. In case of fire or other emergency requiring prompt protective action, or where the competent authorities have reasonable grounds to believe that such an emergency has occurred or is about to occur on the premises of the Special Court, the consent of the Registrar, or an official designated by the Registrar, to any necessary entry into the premises of the Special Court shall be presumed if neither of them can be reached in time.
5. This Article shall not prevent the reasonable application of fire protection regulations of the competent authorities. Subject to paragraph (1), the competent authorities shall take the necessary measures for fire prevention and to protect the premises of the Special Court against any other emergency.
Article 5
Law and authority on the premises of the Special Court
1. The premises of the Special Court shall be under the control and authority of the Special Court, as provided for in this Headquarters Agreement.
2. Except as otherwise provided in this Agreement, the law of the host country shall apply on the premises of the Special Court.
3. The Special Court shall have the power to make regulations, applicable on its premises, for the purpose of establishing therein the conditions necessary for the full execution of its official functions. Any law of the host country that is inconsistent with a regulation of the Special Court shall, to the extent of such inconsistency, be inapplicable within the premises of the Special Court.
4. The Special Court shall promptly inform the competent authorities
of regulations made in accordance with paragraph (3).
5. Any dispute between the Special Court and the host country as to
whether a regulation of the Special Court is authorised by this Article,
or as to whether a law of the host country is inconsistent with any regulation
of the Special Court authorised by this Article, shall be promptly settled
by the procedure set forth in Article 27. Pending such settlement, the
regulation of the Special Court shall apply and the law of the host country
shall be inapplicable on the premises of the Special Court to the extent
that the Special Court claims it to be inconsistent with its regulation.
6. The Special Court may expel or exclude persons from the premises of the Special Court for violation of its regulations.
Article 6
Protection of the premises of the Special Court and their vicinity
If so requested by the President or the Registrar, the competent authorities shall provide, to the extent possible and in accordance with Article 16 of the Agreement establishing the Special Court, police services for the protection of the premises of the Special Court, the preservation of law and order on the premises of the Special Court or in the immediate vicinity thereof, and for the removal of persons therefrom.
2. Close Protection Officers and Special Court Security Officers designated
by the Registrar and who have been issued a regular license, may possess
and carry small calibre firearms while on duty in accordance with their
orders and the relevant laws of the host country.
PART 3—PROPERTY, FUNDS AND ARCHIVES OF THE SPECIAL COURT
Article 7
Property, funds and assets of the Special Court
1. The Special Court, its property, funds and assets shall enjoy the immunities set forth in Article 8 (2) and 9 of the Agreement establishing the Special Court.
2. In particular, the Special Court shall enjoy treatment not less favourable than that accorded by the Government of Sierra Leone to any intergovernmental organisation or diplomatic mission in respect of rates of exchange for its financial transactions.
Article 8
Archives and documents of the Special Court
1. The archives and all documents and materials of the Special Court shall be inviolable, in accordance with Article 8(3) of the Agreement establishing the Special Court.
2. The parties to this Agreement recognise that “archives, and all documents
and materials” include all papers and documents in whatever form and all
materials sent to or from the Special Court.
PART 4—FINANCIAL MATTERS
Article 9
Exemption from taxes and duties
1. Within the scope of its official functions, the Special Court, its assets, income and other property shall be exempt from all direct taxes, which include, but are not limited to, income tax, capital tax and corporation tax, as well as direct taxes levied by local and provincial authorities.
2. Within the scope of its official functions, the Special Court, its assets and other property shall be exempted from import and export duties and taxes, licence fees, or any other restriction related to the import or export of goods.
3. Goods acquired or imported under paragraph (2) shall not be sold, given away, or otherwise disposed of, except in accordance with conditions agreed upon with the Government.
4. While the Special Court will not generally claim exemption from indirect taxes which constitute part of the cost of goods purchased or services rendered to the Special Court, including rentals, nevertheless when the Special Court makes major purchases of goods or services for its official use, on which such taxes have been charged or are chargeable, the Government shall make adequate administrative arrangements for the remission or refund of such taxes or duties
5. The provisions of this Article shall not apply to taxes and duties that are considered to be charges for public utility services, provided at a fixed rate according to the amount of services rendered and which can be specifically identified, described and itemized.
1. The Special Court shall have the right to establish, maintain and operate a commissary at its headquarters for the benefit of the international personnel of the Special Court. Such commissary may provide goods of consumable nature and other articles to be specified in advance. The Special Court shall take all the necessary measures to prevent abuse of such commissary and the sale of such goods to persons other than international personnel of the Special Court and their resale to any person, and shall give sympathetic consideration to observations or requests of the Government concerning the operation of the commissary.
2. Goods that are for resale in the commissary shall be exempted from import duty taxes, handling costs at the port of entrance in the host country or any other restriction.
Article 11
Licensing requirements and fees
1. The Special Court shall be entitled to generate electricity for its use and to transmit and distribute such electricity within its premises. At the request of the Registrar, or an official designated by the Registrar, any license required pursuant to Part III of the National Power Authority Act, 1982, shall be granted free of charge, without undue delay and subject to Article 4(2).
2. Pursuant to Article 26(2), the vehicles of the Special Court
shall not be subject to further registration or licensing by the host country,
provided that all such vehicles shall carry the third party insurance required
by the relevant laws of the host country.
PART 5—FACILITIES AND SERVICES
Article 12
Communications facilities
1. The Special Court shall enjoy, for the purposes of its official communications and correspondence, treatment not less favourable than that accorded by the Government to any intergovernmental organisation or diplomatic mission in relation to establishment and operations, priorities, tariffs, charges and taxes on mail, cablegrams, teleprinter, facsimile, telephone and any other modes of communication or correspondence, as well as any applicable rates for information to the press and radio, where such rates are under the control of the Government.
2. Any official communications or correspondence, including, but not limited to, printed matter, all photographic material, codes, ciphers and electronic data communications, shall be inviolable and immune from censorship and from any other form of interception or interference.
3. The Special Court shall be entitled to dispatch and receive correspondence and other material or communications by courier or in sealed bags, which shall be subject to the same privileges and immunities as diplomatic couriers and bags. The packages carried by the courier or constituting the sealed bags must bear visible external marks of their character.
4. The Special Court shall be entitled, in accordance with the International Telecommunications Convention of 6 November 1982, to operate radio and other telecommunications equipment on registered frequencies allocated to it by the Government from its premises and between Special Court offices, installations, facilities and means of transport, within and outside the host country, in particular with the Special Court New York Office.
5. For the fulfilment of its official functions, the Special Court shall be entitled to publish within the host country freely, in any appropriate form and medium and without restrictions.
Article 13
Public services for the premises of the Special Court
1. The competent authorities shall secure at the request of the Registrar, or an official designated by the Registrar, on equitable terms, the public services needed by the Special Court including, but not limited to, postal, telephone and telegraphic services, electricity, water, gas, sewage, collection of waste, fire protection, local transportation and cleaning of public streets, where such services are under the control of the Government.
2. Where electricity, water, gas or other public services referred to in paragraph (1) are made available to the Special Court by the competent authorities, or where the prices thereof are under their control, the rates for such services shall not exceed the lowest comparable rates accorded to essential agencies or other international organizations.
3. In case of interruption or threatened interruption of the aforementioned public services, the Special Court shall, for the performance of its official functions, be accorded the priority given to essential agencies and organs of the Government.
4. At the request of the competent authorities, the Registrar, or an
official designated by the Registrar, shall make suitable arrangements
to enable duly authorized representatives of the appropriate public services
to inspect, repair, maintain, reconstruct and relocate utilities, conduits,
mains and sewers on the premises of the Special Court under conditions
which shall not unreasonably disturb the carrying out of the functions
of the Special Court. In particular, underground constructions may be undertaken
on the premises of the Special Court only after consultation with the Registrar,
or an official designated by the Registrar, and under conditions that do
not disturb the carrying out of the functions of the Special Court.
PART 6—PRIVILEGES AND IMMUNITIES
Article 14
Privileges and immunities of the Judges, the Prosecutor, the Deputy
Prosecutor and the Registrar
1. The Judges, the Prosecutor, the Deputy Prosecutor and the Registrar shall enjoy the privileges and immunities set forth in Article 12(1) of the Agreement establishing the Special Court.
2. The Judges, the Prosecutor, the Deputy Prosecutor and the Registrar shall continue to enjoy immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity after termination of their employment with the Special Court.
Article 15
Privileges and immunities of Sierra Leonean and international personnel
1. Sierra Leonean and international personnel of the Special Court shall enjoy the privileges and immunities set forth in Article 13 of the Agreement establishing the Special Court.
2. International personnel shall, in addition thereto, be entitled to re export free of duties and taxes at the termination of their employment with the Special Court such furniture and effects, including motor vehicles, they imported pursuant to Article 13(2)(b) of the Agreement establishing the Special Court.
3. International personnel shall furthermore have the right to import for personal use, free of customs duty and other levies, motor vehicles and limited quantities of certain articles intended for personal use or consumption, in accordance with the laws of the host country applicable to members of diplomatic missions of comparable ranks accredited to the Government.
Article 16
Personnel recruited locally and assigned to hourly rates
1. Personnel recruited by the Special Court locally and assigned to hourly rates shall be accorded immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity and such other facilities as may be necessary for the independent exercise of their functions for the Special Court.
2. Such immunity shall continue to be accorded after termination of employment with the Special Court.
3. The privileges and immunities are granted to such personnel in the interest of the Court and not for their personal benefit. The right and the duty to waive the immunity in any particular case where it can be waived without prejudice to the purpose for which it is accorded, shall lie with the Registrar.
Article 17
Persons performing missions for the Special Court
1. Persons performing missions for the Special Court shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their duties for the Special Court. In particular, they shall be accorded:
(a) Immunity from personal arrest or detention and from seizure of their personal baggage;
(b) Immunity from legal process of every kind in respect of words spoken or written and acts done by them in the course of the performance of their mission. This immunity from legal process shall continue to be accorded after the termination of their mission with the Special Court; and
(c) Inviolability of all official papers and documents in whatever form and materials.
2. In addition, persons performing missions for the Special Court who are not Sierra Leonean citizens shall also be accorded immunity from any immigration restrictions in relation to the performance of their mission.
3. The privileges and immunities are granted to persons performing missions for the Special Court in the interest of the Court and not for their personal benefit. The right and the duty to waive the immunity in any particular case where it can be waived without prejudice to the purpose for which it is accorded, shall lie with the President.
1. The counsel of a suspect or an accused shall enjoy the privileges and immunities set forth in Article 14 of the Agreement establishing the Special Court.
2. Those privileges and immunities shall be without prejudice to such disciplinary rules as may be applicable to the counsel.
3. The privileges and immunities are granted to counsel in the interest of the Special Court and not for their personal benefit. The right and the duty to waive the immunity referred to in Article 14 of the Agreement establishing the Special Court in any particular case where it can be waived without prejudice to the purpose for which it is granted, shall lie with the President.
Article 19
Witnesses and experts
1. Witnesses and experts shall enjoy the privileges and immunities set forth in Article 15 of the Agreement establishing the Special Court, including the immunity from being detained or subject to any restriction of their liberty by the Sierra Leone authorities.
2. The immunity provided for in paragraph (1) shall continue to be accorded after their appearance and testimony before the Special Court, subject to the production of the document referred to in paragraph (3). In case of experts called to appear from outside Sierra Leone, such immunity should cease when the witness or expert having had, for a period of fifteen consecutive days from the date when their presence is no longer required by the Special Court, an opportunity of leaving, has nevertheless remained in the territory of the host country, or having left it, has returned, unless such return is on another summons or request of the Special Court.
3. The Government shall recognise as valid the document issued by the Registrar, or an official designated by the Registrar, to witnesses and experts who enjoy the privileges and immunities referred to in paragraph (1), certifying that their appearance is required by the Special Court and specifying a time period during which such appearance is necessary.
4. Where the Registrar deems it is in the interest of a witness or of the Special Court to have a person accompanying a witness, such person shall be accorded the privileges and immunities necessary for the performance of his or her function.
5. The Government shall recognise as valid the document issued by the Registrar, or an official designated by the Registrar, to persons referred to in paragraph (4), certifying that they are accompanying a witness and specifying a time period during which such accompaniment is necessary.
6. The privileges and immunities are granted to witnesses and experts in the interest of the Special Court and not for their personal benefit. The right and the duty to waive the immunity referred to in this article in any particular case where it can be waived without prejudice to the purpose for which it is granted, shall lie with the President.
Article 20
The suspect or accused
1. In accordance with Article 8 of the Statute, the host country shall not exercise its criminal jurisdiction over persons present in its territory, who are to be or have been transferred as a suspect or an accused to the custody of the Special Court pursuant to a request or order of the Special Court, in respect of acts, omissions or convictions prior to their transfer to the custody of the Special Court.
2. The immunity provided for in paragraph (1) shall cease when the person, has been acquitted, served his or her sentence, or has otherwise been finally released by the Special Court.
3. In the case of suspects or accused coming from outside Sierra Leone, the immunity provided for in paragraph (1) shall cease when the person, has been acquitted, served his or her sentence, or has otherwise been finally released by the Special Court and having had, for a period of fifteen consecutive days from the date of their release an opportunity of leaving, has nevertheless remained in the territory of the host country, or having left it, has returned.
Article 21
Entry into, exit from and movement within the host country
1. All persons referred to in Articles 14 to 19, notified as such by the Registrar to the Government pursuant to Article 24(1), shall have the right of unimpeded entry into, exit from, and movement within, the host country, as appropriate and for the official purposes of the Special Court. The competent authorities, wherever located, shall grant them a valid entry visa free of charge and without undue delay.
2. The same facilities referred to in paragraph (2) shall be accorded to persons accompanying witnesses who have been notified as such by the Registrar to the Government pursuant to Article 19(5).
3. Upon the arrival of persons referred to in paragraph (1) in the host country, the competent authorities shall, at the request of the Registrar or an official designated by the Registrar, grant such persons exemption from registering under the Non-Citizens (Registration, Immigration and Expulsion) Act, 1966, valid for one year or for the duration of their contract with the Special Court, whichever is less, free of charge and without undue delay.
4. For a limited number of personnel designated by the Registrar and whose names and categories have been notified to the Government, and in accordance with the relevant laws of the host country, or any international convention to which the host country is a party, relating to civil aviation, the Special Court’s Identity Card shall be accepted as a valid runway pass at the Sierra Leone Lungi Airport.
5. Nothing in this Article shall prevent the competent authorities from requiring that persons claiming the rights granted by this Article comply with any relevant health and quarantine regulations.
Article 22
Additional provision on privileges and immunities
Should the Government consider that there has been an abuse of a privilege
or immunity conferred by this Agreement, the Registrar shall, upon request,
consult with the appropriate competent authorities to determine whether
any such abuse has occurred, and if so, to attempt to ensure that no repetition
occurs. If such consultation fails to achieve a result satisfactory
to the Government and to the Special Court, either Party may submit the
question as to whether such an abuse has occurred for resolution in accordance
with the provisions of settlement of disputes under Article 27 of this
Agreement.
PART 7—COOPERATION, NOTIFICATION AND IDENTIFICATION
Article 23
Cooperation with the competent authorities
1. Without prejudice to Articles 12 to 15 of the Agreement establishing the Special Court, it is the duty of all persons enjoying such privileges and immunities to respect the laws of the host country and not to interfere with the internal affairs of the host country.
2. The Special Court shall cooperate at all times with the competent authorities to facilitate the proper administration of justice, secure the observance of the laws of the host country and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities accorded pursuant to the Agreement establishing the Special Court and referred to in this Agreement.
3. The Special Court shall observe all security directives as agreed with the host country or as issued by the competent authorities responsible for security conditions within any prison of the host country where the Special Court detention area is located, as well as all directives of the competent authorities responsible for fire prevention regulations.
1. The Registrar shall notify the Government of the names and categories of all persons referred to in this Agreement, in particular Sierra Leonean and international personnel, persons performing missions for the Special Court, counsel admitted as such by the Special Court, witnesses and experts called to appear before the Special Court, and of any change in their status.
2. The Registrar shall notify the Government of the name and identity of all personnel of the Special Court who are entitled to carry firearms on the premises of the Special Court, as well as the name, type, calibre and serial number of every firearm at his or her disposal.
3. The information notified to the Government pursuant to paragraphs (1) and (2) shall be in writing and directed to the Attorney-General and Minister of Justice, and shall be updated on a regular basis, at least each time there is new or altered information.
4. The Government undertakes to keep confidential any information received pursuant to paragraph (1) or (2), except insofar as its disclosure to the competent authorities is necessary for the purpose for which the notification is given.
Article 25
Identification documents
The competent authorities shall recognise and accept the identification documents, including where appropriate the Special Court Identity Card, issued to persons referred to in this Agreement as a valid certification of their status pursuant to the Agreement establishing the Special Court and this Agreement.
Article 26
Flag, emblem and markings
1. The Special Court shall be entitled to display its flag, emblem and markings at its premises, and to display its flag on vehicles used for official purposes.
2. The vehicles of the Special Court shall be entitled to “diplomatic
corps” plates, and the corresponding status.
PART 8—OPERATIVE PROVISIONS
Article 27
Settlement of disputes
1. The Special Court shall make provision for appropriate modes of settlement of:
(a) disputes arising out of contracts and other disputes of a private law character to which the Special Court is a party;
(b) disputes involving an official of the Special Court who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived.
2. Any dispute between the Parties concerning the interpretation or application of this Agreement or the regulations of the Special Court, which cannot be settled amicably, shall be submitted, at the request of either Party to the dispute, to an arbitration tribunal, composed of three members. Each Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their Chair. If one of the Parties fails to appoint its arbitrator and has not proceeded to do so within two months after an invitation from the other Party to make such an appointment, the other Party may request the President of the International Court of Justice to make the necessary appointment. If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment.
3. The Parties shall conclude an agreement determining the subject of the dispute. Failing the conclusion of such an agreement within a period of two months from the date on which arbitration was requested, the dispute may be brought before the arbitration tribunal upon application of either Party.
4. Unless the Parties otherwise agree, the arbitration tribunal shall determine its own procedure. The arbitration tribunal shall reach its decision by a majority of votes on the basis of the applicable rules of international law. The decision shall be final and binding on the Parties to the dispute, even if rendered in default of one of the Parties to the dispute.
1. This Agreement shall enter into force on the day after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.
2. This Agreement may be amended by mutual consent, in writing, at any time at the request of either Party. Any amendment shall enter into force on the day after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.
3. This Agreement shall terminate if the seat of the Special Court is
removed from the territory of the host country or if the Special Court
is dissolved, except for such provisions as may be applicable in connection
with the orderly termination of the operations of the Special Court at
its seat in the host country and the disposition of its property therein,
as well as those provisions granting immunity after termination of employment
with the Special Court.
***
IN WITNESS WHEREOF, the duly authorised representatives of the Government
of Sierra Leone and of the Special Court have signed this Agreement.
Done at Freetown on 21 October 2003 in three originals in the English
language.
Signed by:
For the Republic of Sierra Leone
For the Special Court
Mr Eke Ahmed Halloway
Mr Robin Vincent
Attorney-General & Minister of Justice
Registrar