'Immunity - ICC proceedings' in document 'Georgia - ICC Cooperation Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia


Article 5. Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:

d) violates domestic or diplomatic immunity.

Chapter IV
Request of the International Court


Article 13. Matters related to immunity

If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.

RELEVANT ROME STATUTE PROVISIONS

Article 27
Irrelevance of official capacity
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of
sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.