PERMANENT REPRESENTATIVE OF THE KINGDOM OF THE NETHERLANDS TO THE UNITED NATIONS IN
NEW YORK
New York, February 23, 2015
On the occasion of the signing of the Agreement between the Kingdom of the Netherlands and the United Nations concerning
the Headquarters of the International Residual Mechanism for Criminal Tribunals, I would like to refer to the discussions held between representatives of the United
Nations and the Kingdom of the Netherlands concerning the interpretation of certain
provisions of the Agreement.
I have the honor to confirm on behalf of the Government of the Netherlands the following
understandings.
Without prejudice to the rules and regulations of the Mechanism, it is the understanding
of the Parties that the following persons will, for the purposes of this Agreement, and this Agreement only, be considered as members of their family forming part of
the household of the judges, the Prosecutor, the Registrar, staff of the Mechanism
and defence counsel:
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a) spouses or registered partners of the judges, the Prosecutor, the Registrar, staff
of the Mechanism and defence counsel;
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b) children of the judges, the Prosecutor, the Registrar, staff of the Mechanism and
defence counsel who are under the age of 18;
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c) children of the judges, the Prosecutor, the Registrar, staff of the Mechanism and
defence counsel, aged 18 or over, but not older than 27, provided that they formed
part of the household prior to their first entry into the host State and still form
part of this household, and that they are unmarried, financially dependent on the
judge, Prosecutor, Registrar, member of the staff of the Mechanism or defence counsel
concerned and are attending an educational institution in the host State;
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d) children of the judges, the Prosecutor, the Registrar, staff of the Mechanism and
defence counsel aged 18 or over, but not older than 23, will also be recognized as
members of their family forming part of the household if they are not studying as
long as they are unmarried and financially dependent on the judge, Prosecutor, Registrar
or member of the staff of the Mechanism or defence counsel concerned;
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e) other persons who, in exceptional cases or for humanitarian reasons, the Mechanism
and the host State decide to treat as members of their family forming part of the
household.
With respect to Article 16, paragraph 1, it is the understanding of the Parties that with respect to judges of the Mechanism,
“when engaged on the business of the Mechanism” includes not only when a judge is
activated for duty from a roster, but also includes when a judge performs functions
for the Mechanism, such as attending a plenary meeting, that may not require activation
of the judge from the roster. The United Nations will determine when a judge is “engaged
on the business of the Mechanism”.
With respect to Article 16, paragraph 5, it is the understanding of the Parties that nothing in this provision precludes
the Mechanism from exercising its rights under Article 46, paragraph 2.
With respect to Article 21, subparagraph 2(d), it is the understanding of the Parties that this prohibition does not apply to fellows
who are sponsored by other international organizations or states and who perform functions
as staff members though they are not formally recruited as such, so long as they are
at the Mechanism for a period longer than six (6) months.
With respect to Article 23, paragraph 6, it is the understanding of the Parties that in regard to relocation of witnesses
who for security reasons cannot return to their home countries or their countries
of permanent residence after appearing or testifying before the Mechanism, the Mechanism
relies on the cooperation by third States.
With respect to Article 28, paragraph 2, it is furthermore the understanding of the Parties that in exceptional cases and
on an ad-hoc basis, the host State may, by the reasoned request of the Mechanism,
issue an identity card to a person required to be at the seat of the Mechanism for
an extended period of time, but who is not entitled to an identity card under this
Agreement.
With respect to Article 46, paragraph 2, it is the understanding of the Parties that the host State shall provide persuasive
reasons for not according to the Mechanism the same treatment as accorded to other
comparable international organizations or tribunals when that treatment is considered
by the Mechanism to be more favourable.
I should be grateful if you could confirm on behalf of the United Nations that the
above is also the understanding of the United Nations.
Please accept, Excellency, the assurances of my highest consideration.