Kenya grants international court full diplomatic status

1. The Court shall have international legal personality and shall also have the capacity necessary for the fulfilment of its purposes. It shall in particular have the capacity to contract, to acquire and to dispose of immovable and movable property and to participate in legal proceedings.

2. The premises of the Court in the territory of Kenya, its property and assets including its archives and documents, in whatever form, and by whomever held anywhere within the territory of Kenya, shall be inviolable and shall be immune from any form of legal process whether by executive, administrative, judicial or legislative action. The court alone may consent to the entry to its premises of any Government or any other person not an official of the Court.

3. The Government accords to the Court the right to establish, as appropriate, offices, camps or other premises as may be necessary for the conduct of the operational and administrative activities of the Court and for the accommodation of its staff on the territory of Kenya.

4. The Court, its assets, income and other property and its operations and transactions will be exempt all direct taxes, which include, inter alia, income tax, capital tax and corporation tax, as well as direct taxes levies by local and provincial authorities. The Court will also be exempt from all customs duties, import turnover taxes and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Court for its official use.

5. The Government accords the Court the right to use all means of communication including codes, cipher, courier or sealed bags for the dispatch and receipt of correspondence with the same privileges, immunities and facilities as diplomatic couriers and bags. No censorship shall be applied to official communications or correspondence of the Court and the Court shall have a right to operate radio and telecommunications equipment on any frequencies allocated to it by the Government of Kenya.

6. The Government undertakes to facilitate the administrative arrangements necessary for the fulfilment of the Court’s activities, such as registration of vehicles and international personnel resident in Kenya, recruitment of local personnel, opening bank accounts in any currency, entry and usage of mobile and fixed data processing/communications equipment, communication frequency assignment, as well as acquiring or renting immovable property.

7. The Government may, at the Court’s request, assist the Court as far as possible in obtaining equipment, provision, supplies, materials and other goods and services from local sources required for the Court’s subsistence and operations.

8. The Government shall ensure the safety and security of the Court’s staff, counsel and persons assisting such counsel, witnesses, victims, experts, contractors, the premises and operations of the Court in Kenya. In addition, it may provide the Court upon request with maps or other information which may be useful for the Court’s security.

9. Security Officers of the Court may wear the Court’s Security Officers’ uniform and may carry arms while acting in the course of their duties both in uniform and civilian dress.

10. The officials and staff of the Court, shall enjoy the privileges and immunities, exemptions and facilities which are necessary for the independent and effective performance of their functions as envisaged under the Agreement on Privileges and Immunities of the Court;

11. Victims, witnesses and other persons required to appear before the Court, as well as counsel and persons assisting such counsel, experts, and contractors shall enjoy privileges and immunities and facilities necessary for their appearance before the Court or for the independent and effective performance of their functions, in particular, they shall enjoy immunity from personal arrest or detention and inviolability of their documents, materials and communications as envisaged under the Agreement on Privileges and Immunities of the Court;

12. The Government accords to the Court’s officials, staff and their property, supplies, equipment and spare parts and means of transport unrestricted freedom of entry and exit without delay or hindrance, and of movement throughout the territory of Kenya.

13. The Court, its officials and staff shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the spirit of the present arrangements. The officials and staff of the Court shall respect all local laws and regulations.

14. Where visas are required by any persons referred to under this agreement, they shall be dealt with speedily and granted free of charge.

15. The Court shall enjoy in the territory of Kenya, not less favourable treatment than that accorded to any intergovermental organisation or diplomatic mission in the matter of any priorities given by the Government of Kenya.

16. This agreement shall be construed in the light of its primary purposes to enable the Court to fully and efficiently discharge its mandate.