32. Any ultra-vire interference by the United Nations Security Council in the International Criminal Court is particularly regrettable, given that this is one of the hard-won and widely recognized progress of the Rome Statute, and that it is not necessary to obtain prior approval from the Security Council to allow the ICC to prosecute those suspected of international crimes. Representatives of states participating in the Court`s deliberations enjoy the privileges and immunities of Article 13 in the performance of their official duties and on their way to and from the place of the proceedings. a. supports the Member States and observers of the Council of Europe who have opposed the conclusion of bilateral immunity agreements to continue to respect their principles and, in particular, pays tribute to the candidate countries for accession to the European Union for their solidarity with the vast majority of European countries that support the ICC. 12. The Assembly stated in Resolution 1300 (paragraph 10) that these bilateral exemption agreements were inadmissible by the international treaty, in particular the Vienna Convention on Treaty Law (Article 18), which stated that States should refrain from any act incompatible with the purpose and purpose of a treaty. The purpose and purpose of the ICC treaty is to bring to justice those responsible for the most serious crimes against humanity, regardless of nationality. Therefore, agreements that would prevent the Court of Justice from performing its complementary function are contrary to the purpose and purpose of the ICC treaty. In addition, under Article 86 of the ICTY, States Parties are generally required to cooperate fully with the Court of Justice in investigating and prosecuting criminal offences within its jurisdiction (Article 86 of the Treaty).

Article 27 of the Treaty states that «this statute applies in the same way to all persons who differ according to their official competences.» 41. I am therefore optimistic that, in an international climate, I hope, calmer, next year the principled position will prevail over considerations of political expediency and I call on members of the Assembly to encourage their governments to maintain their support for the ICC on this issue as well. In the meantime, the Court itself should be the legitimate arbiter of the validity and, if necessary, of the scope of the Security Council`s request4 «The ICC`s main objective is to bring to justice the monsters of humanity, perpetrators of heinous crimes.