Law of Ukraine
"On Ratification of the Agreement between Ukraine and the Kingdom of the Netherlands on International Mission for Protection of Investigation"
Date of entry into force:
August 1, 2014
The Agreement between Ukraine and the Kingdom of the Netherlands on International Mission for Protection of Investigation (hereinafter referred to as "Agreement") was signed in Kyiv on July 28, 2014.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
Article 1 of the Agreement establishes the following:
- the multinational International Mission for Protection of Investigation (hereinafter referred to as "the Mission") led by the Sending State (the Kingdom of the Netherlands) shall be established to facilitate the recovery of remains and the conduct of the investigation called for in United Nations Security Council Resolution 2166 of 21 July 2014, and other activities as may be agreed between the Parties;
- the Mission shall consist of military and non-military personnel from the Sending State and Australia and other States whose nationals were on flight MH17 as appropriate;
- the Mission shall be composed of up to 700 armed personnel;
- the Mission shall have freedom of movement within Ukraine to travel to areas relevant to the investigation of the aircraft crash. The Mission shall seek the consent of Ukraine for any travel to areas not relevant to the investigation of the aircraft crash;
- while staying in the territory of Ukraine the Mission shall be subordinated to the Head of the International Mission for Protection of Investigation to be appointed by the Sending State (hereinafter referred to as "the Head of Mission");
- it is the duty of the Mission to respect the law of the Receiving State (Ukraine), and to abstain from any activity inconsistent with the spirit of the Agreement, and, in particular, from any political activity in the Receiving State;
- the Mission will maintain contact with all parties, including with the OSCE Special Monitoring Mission which, in order to fulfill its tasks, establishes contact with local, regional and national authorities, civil society, ethnic and religious groups, and members of the local population in accordance with its mandate as long as applicable;
- activities of the Mission on the territory of the Receiving State shall be completed simultaneously with the completion of the above activities or as otherwise agreed between the Parties.
According to Article 2 of the Agreement, weapons, equipment, ground and air vehicles, fuel and oil, materials and other products for use by the Mission personnel shall be temporarily imported into the territory of the Receiving State free of duties. Technical details of the Mission logistics support shall be determined by the competent authorities of the Parties. Logistics and financial support of the Mission shall be provided by the Sending State.
The Mission personnel shall be allowed to possess and carry weapons and to use force in self-defense and for fulfillment of its activities under the Agreement (Article 3 of the Agreement).
According to Article 4 of the Agreement, during its stay on the territory of the Receiving State the Mission shall be allowed use public bases, training centers, training grounds and other facilities of the Receiving State upon agreement between the Head of Mission and the entities of the Receiving State responsible for the administration of such facilities.
Personnel of the Mission shall be accorded the status equivalent to that accorded to the administrative and technical staff of a diplomatic mission of a state that is a party to the Vienna Convention on Diplomatic Relations of 18 April 1961 (Article 6 of the Agreement).
According to Article 7 of the Agreement, the Mission personnel shall be allowed to wear field uniforms for the purposes of the activities under the Agreement.