The Privileges and Immunities of the International Criminal Court: Are They Sufficient for the Proper Functioning of the Court or Is There Still Room for Improvement

Abstract

[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the criminal process, the privileges and immunities of counsel, witnesses, victims and the accused will be discussed. Given the similarities in their mandates and the tasks that they are required to perform, the degree to which the ad hoc Tribunals have been accorded privileges and immunities, is particularly important. The Article will, therefore, examine, where appropriate, the privileges and immunities that have been accorded to these two organizations and their staff.