Nr. I
[Regeling vervallen per 19-12-2013]
Headquarters agreement between the Kingdom of the Netherlands and the Special Court
for Sierra Leone
Ministry of Foreign Affairs of the Kingdom of the Netherlands
Treaties Division
DJZ/VE-262/06
The Hague, 19 June 2006
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments
to the Special Court for Sierra Leone and has the honour to propose, in order to facilitate
the work of the Court, with reference to the decision by the Special Court to meet
away from its seat in accordance with Rule 4 of the Rules of Procedure and Evidence
of the Special Court and the Agreement establishing the Special Court and with reference
to the request by the Special Court to sit temporarily in the Netherlands for the
purpose of conducting the trial against Charles Taylor, the former President of Liberia,
taking into account the resolution of the Security Council of the United Nations on
the matter, that a headquarters agreement be concluded which shall read as follows:
Article 1
[Regeling vervallen per 19-12-2013]
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i. “The 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;
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ii. ‘‘The Special Court’’ means the Special Court for Sierra Leone established by the
Agreement establishing the Special Court;
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iii. ‘‘The Statute’’ means the Statute of the Special Court, annexed to the Agreement establishing
the Special Court;
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iv. ‘‘The accused’’ means Charles Taylor, the former President of Liberia;
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v. ‘‘The Tribunal’’ means the International Tribunal for the Prosecution of Persons Responsible
for Serious Violations of International Humanitarian Law Committed in the Territory
of the Former Yugoslavia since 1991, established by the Security Council pursuant
to its resolutions 808 (1993) and 827 (1993);
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vi. ‘‘The Tribunal headquarters agreement’’ means the Agreement between the Kingdom of
the Netherlands and the United Nations concerning the Headquarters of the Tribunal,
signed in New York on 29 July 1994, as supplemented, attached in Annex 1;
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vii. ‘‘The General Convention’’ means the Convention on the Privileges and Immunities of
the United Nations adopted by the General Assembly of the United Nations on 13 February
1946;
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viii. ‘‘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.
Article 2
[Regeling vervallen per 19-12-2013]
Unless otherwise provided in this Agreement, the Tribunal headquarters agreement shall
apply mutatis mutandis to the Special Court for the purpose of conducting the trial
against the accused.
Article 3
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2 Persons performing missions for the Special Court not covered by Article 2 of this
Agreement shall, to the extent necessary for their presence at the Court in the Netherlands,
enjoy the same priviliges and immunities as witnesses and experts pursuant to Article
XVIII of the Tribunal headquarters agreement.
Article 4
[Regeling vervallen per 19-12-2013]
Article 5
[Regeling vervallen per 19-12-2013]
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2 At the request of the Special Court the Kingdom of the Netherlands shall arrest and
surrender to the Special Court any person, referred to in paragraph 1, escaped from
the detention facility or during transport, under the same conditions and according
to the same procedures as applicable to the Tribunal.
Article 6
[Regeling vervallen per 19-12-2013]
Within their respective legal systems, the Special Court and the host State shall
afford one another the greatest measure of assistance in connection with the trial
of the accused and related trials by the host State.
Article 7
[Regeling vervallen per 19-12-2013]
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2 Where the accused will be released from the custody of the Special Court for any
reason, the Special Court shall, as soon as possible, make such arrangements as it
considers appropriate for his transfer, taking into account his views, to a State
which is obliged to receive him, to another State which agrees to receive him, or
to a State which has requested his extradition with the consent of the original surrendering
State. In this case, the Kingdom of the Netherlands shall facilitate the transfer
in accordance with this Agreement and the related arrangements.
Article 8
[Regeling vervallen per 19-12-2013]
The Parties to this Agreement agree to consult on further practical arrangements whenever
necessary.
Article 9
[Regeling vervallen per 19-12-2013]
If this proposal is acceptable to the Special Court for Sierra Leone, the Ministry
proposes that this note and the affirmative note of the Special Court for Sierra Leone
shall constitute an Agreement between the Kingdom of the Netherlands and the Special
Court for Sierra Leone, which shall enter into force on the date of receipt of the
affirmative note of the Special Court for Sierra Leone.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to the
Special Court for Sierra Leone the assurances of its highest consideration.
To the Special Court for Sierra Leone
– the Registrar –
