International Organisations Act 1968

5 International judicial and other proceedings. U.K.

(1) Her Majesty may by Order in Council confer on any class of persons to whom this section applies such privileges, immunities and facilities as in the opinion of Her Majesty in Council are or will be required for giving effect—

(a) to any agreement to which, at the time when the Order takes effect, the United Kingdom or Her Majesty’s Government in the United Kingdom is or will be a party, or

(b) to any resolution of the General Assembly of the United Nations.

(2) This section applies to any persons who are for the time being—

(a) judges or members of any international tribunal, or persons exercising or performing, or appointed (whether permanently or temporarily) to exercise or perform, any jurisdiction or functions of such a tribunal;

(b) registrars or other officers of any international tribunal;

(c) parties to any proceedings before any international tribunal;

(d) agents, advisers or advocates (by whatever name called) for any such parties;

(e) witnesses in, or assessors for the purposes of, any proceedings before any international tribunal.

(3) For the purposes of this section any petition, complaint or other communication which, with a view to action to be taken by or before an international tribunal,—

(a) is made to the tribunal, or

(b) is made to a person through whom, in accordance with the constitution, rules or practice of the tribunal, such a communication can be received by the tribunal,

shall be deemed to be proceedings before the tribunal, and the person making any such communication shall be deemed to be a party to such proceedings.

(4) Without prejudice to subsection (3) of this section, any reference in this section to a party to proceedings before an international tribunal shall be construed as including a reference to—

(a) any person who, for the purposes of any such proceedings, acts as next friend, guardian or other representative (by whatever name called) of a party to the proceedings, and

(b) any person who (not being a person to whom this section applies apart from this paragraph) is entitled or permitted, in accordance with the constitution, rules or practice of an international tribunal, to participate in proceedings before the tribunal by way of advising or assisting the tribunal in the proceedings.

(5) In this section “international tribunal” means any court (including the International Court of Justice), tribunal, commission or other body which, in pursuance of any such agreement or resolution as is mentioned in subsection (1) of this section,—

(a) exercises, or is appointed (whether permanently or temporarily) for the purpose of exercising, any jurisdiction, or

(b) performs, or is appointed (whether permanently or temporarily) for the purpose of performing, any functions of a judicial nature or by way of arbitration, conciliation or inquiry,

and includes any individual who, in pursuance of any such agreement or resolution, exercises or performs, or is appointed (whether permanently or temporarily) for the purpose of exercising or performing, any jurisdiction or any such functions.

Modifications etc. (not altering text)

C1 S. 5 applied (7.6.2005) by International Organisations Act 2005 (c. 20), ss. 7, 11(3)