MINISTERIE VAN BUITENLANDSE ZAKEN
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the International Court of Justice and, with reference to the consultations between the Ministry and the Court regarding employment opportunities of members of the family forming part of the household of Members of the Court, the Registrar, the Deputy-Registrar and officials of the Court, has the honour to propose the following:
“1. Members of the family forming part of the household of Members of the Court, the Registrar, the Deputy-Registrar and officials of the Court (hereinafter ‘Members or officials of the Court’), specified in paragraph 2, shall be authorized to engage in gainful employment in the Netherlands for the duration of the term of office of the Members or officials of the Court concerned.
2. The following persons shall be authorized to engage in gainful employment in the Netherlands:
a) the spouses or registered partners of Members or officials of the Court;
b) children of officials of the Court who are under the age of 18;
c) children of Members or officials of the Court aged 18 or over, but under 28, provided that they formed part of the Member’s or official’s household prior to their first entry into the Netherlands and still form part of this household, and that they are unmarried, financially dependent on the Member or official of the Court concerned and are attending education in the Netherlands.
3. Persons mentioned in paragraph 2 who obtain gainful employment shall enjoy no immunity from criminal, civil or administrative jurisdiction with respect to matters arising in the course of or in connection with such employment. However, any measures of execution shall be taken without infringing the inviolability of their person or of their residence, if they are entitled to such inviolability.
4. In case of the insolvency of a person aged under 18 with respect to a claim arising out of gainful employment of that person, the immunity of the official of the Court of whose family the person concerned is a member shall be waived for the purpose of settlement of the claim, in accordance with the provisions of the Exchange of Letters dated 26 June 1946 between the President of the International Court of Justice and the Minister for Foreign Affairs of the Netherlands.
5. The employment referred to in paragraph 1 shall be in accordance with Netherlands legislation, including fiscal and social security legislation.”
If this proposal is acceptable to the Court, the Ministry suggests that this Note and the Court’s affirmative reply to it shall together constitute an Agreement between the Kingdom of the Netherlands and the International Court of Justice. This Agreement, the French and English texts of which are equally authentic, shall enter into force on the date of the Court's reply.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of this opportunity to renew to the International Court of Justice the assurances of its highest consideration.