For the purpose of this Agreement, the following definition of an intern shall apply:
A graduate or postgraduate student who has been accepted by the UN-ICTY into the internship
programme of the UN-ICTY and who, on that basis, performs certain tasks for the UN-ICTY
without receiving emoluments from the UN-ICTY by reason of his work with the UN-ICTY
and who has signed the declaration “Acceptance and Undertaking”, a copy of which is
attached as Annex, provided by the UN-ICTY. An intern shall not be considered in any respect to fall
under one of the categories of persons as described in Article I of the Headquarters Agreement.
For the purpose of their internship with the UN-ICTY the Ministry of Foreign Affairs
shall register the intern in the Netherlands for a period of maximum one (1) year,
which in exceptional circumstances may be extended once by a maximum period of one
(1) year under the following conditions:
-
a) that the intern entered into the Netherlands in accordance with the applicable immigration
procedures;
-
b) that he is not allowed to work in the Netherlands during his internship other than
as an intern at the UN-ICTY;
-
c) that he will leave the Netherlands within 14 days after termination of his internship
with the UN-ICTY, the duration of which shall not exceed one (1) year, which in exceptional
circumstances may be extended once by a maximum period of one (1) year;
-
d) that the intern shall have sufficient medical insurance as well as sufficient financial
means for repatriation and that he shall not be a charge to the Netherlands public
means.
The intern is obliged to demonstrate to the satisfaction of the UN-ICTY the fulfillment
of these conditions and shall sign the declaration to this effect referred to in Article 1 above. The UN-ICTY shall not be held liable should it turn out that, while in the
Netherlands during the duration of the internship, the intern does not fulfil the
required conditions.
The intern does not enjoy any privileges or immunities in the Netherlands, except:
-
a) immunity from legal process in respect of words spoken or written and all acts performed
by them in their official capacity for the UN-ICTY, which immunity shall continue
to be accorded even after termination of the internship with the UN-ICTY for activities
carried out on its behalf;
-
b) inviolability of all papers, documents in whatever form and materials relating to
the performance of their functions for the UN-ICTY.
The privileges and immunities are granted in the interest of the Tribunal and not
for the personal benefit of the individuals themselves. The President of the Tribunal
has the right and duty to waive these privileges and immunities in any particular
case where they would impede the course of justice and can be waived without prejudice
to the purpose for which they were accorded.
The UN-ICTY shall notify the Ministry of Foreign Affairs within eight (8) days after
first arrival of the intern in the Netherlands and request an identity card for the
intern.
Upon request of the UN-ICTY the Ministry of Foreign Affairs shall issue the intern
an identity card bearing the code ZF.
The UN-ICTY shall, within eight (8) days, notify the Ministry of Foreign Affairs
of the final departure of the intern from the Netherlands and at the same time return
the identity card of the intern.
This Agreement may be amended by mutual consent at any time at the request of either
of the Parties.
This Agreement is concluded for an indefinite period of time. At any time, either
Party may terminate the Agreement giving three (3) months advance notice in writing
to the other Party.
If the above proposal is acceptable to the UN-ICTY the Ministry has the honour to
propose that this Note and the affirmative Note in reply of the UN-ICTY shall constitute
an agreement between the Kingdom of the Netherlands and the UN-ICTY. The Agreement
shall enter into force on the day after both Parties have notified each other in writing
that the legal requirements for entry into force have been complied with.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to the
International Criminal Tribunal for the Former Yugoslavia the assurances of its highest
consideration.
United Nations-ICTY
Churchillplein 1
2517 JW Den Haag