Part 6
Miscellaneous

61.—
(1) In accordance with Article 27, any diplomatic immunity or state immunity attaching to a person by reason of a connection with a state party to the Statute is not a bar to proceedings under this Act in relation to the person.

(2) In this section—

“diplomatic immunity” means any privilege or immunity attaching to a person by or under section 5 of the Diplomatic Relations and Immunities Act 1967;

“state immunity” means any privilege or immunity attaching to a head of state or the prime minister, foreign minister or other representative, official or agent of a state—

(a) by virtue of any enactment (except section 5 or 6 of the said Act of 1967), or
(b) under any rule of law;

“state party to the Statute” includes a state which has accepted the jurisdiction of the International Criminal Court in accordance with Article 12 (preconditions to the exercise of jurisdiction).

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.