# The International Criminal Court (Immunities and Privileges) (No. 1) Order 2006, Article 15


(1) Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (6), the judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy:–
(a) when engaged on or with respect to the business of the Court, the like privileges and immunities as in accordance with the 1961 Convention Articles are accorded to the head of a diplomatic mission;
(b) exemption from income tax in respect of salaries and emoluments (excluding pensions and annuities) received by them from the Court as judges, Prosecutor, Deputy Prosecutors or Registrar;
(c) when residing in the United Kingdom for the purpose of holding themselves at the disposal of the Court the privileges and immunities accorded to a diplomatic agent in accordance with the 1961 Convention Articles;
(d) on journeys in or through the United Kingdom in connection with the exercise of their functions, the privileges and immunities accorded to a diplomatic agent in similar circumstances under the 1961 Convention Articles;
provided that the provisions of this paragraph shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or permanently resident in the United Kingdom.
(2) Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (6), the judges, the Prosecutor, the Deputy Prosecutors and the Registrar after the expiry of their terms of office shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, performed by them in the exercise of their official functions for the Court, but the provisions of this paragraph shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or permanently resident in the United Kingdom.
(3) Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (6), the judges of the Court shall enjoy the privileges and immunities in paragraph (1) after their term of office has expired if they continue to exercise their functions in accordance with article 36, paragraph 10 of the Rome Statute, but the provisions of this paragraph shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or permanently resident in the United Kingdom.
(4) Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (6), the judges, the Prosecutor, the Deputy Prosecutors and the Registrar, if they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, shall enjoy to the extent necessary for the independent performance of their functions:–
(a) the like immunity from personal arrest or detention and the like inviolability for all papers and documents relating to the exercise of their functions for the Court as is accorded to a diplomatic agent;
(b) immunity from suit and legal process (even after the expiry of their terms of office) in respect of all acts, including words spoken or written, performed by them in the exercise of their official functions for the Court;
(c) exemption from income tax in respect of salaries and emoluments (excluding pensions and annuities) received by them from the Court as judges, Prosecutor, Deputy Prosecutor, or Registrar.
(5) Where the incidence of any form of taxation depends on residence, any period during which the judges, the Prosecutor, the Deputy Prosecutors or the Registrar are present in the United Kingdom for the discharge of their functions for the Court shall not be considered as periods of residence in the United Kingdom.
(6) Privileges and immunities may be waived:–
(a) in the case of a judge or the Prosecutor, by an absolute majority of the judges;
(b) in the case of a Deputy Prosecutor, by the Prosecutor;
(c) in the case of the Registrar, by the Presidency.

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Source: https://www.legislation.gov.uk/ukdsi/2006/0110705505/article/15 (the official version)
Page: https://openlegislation.uk/draft-international-criminal-court-immunities-and-privileges-no-1-order-2006/article-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

