Part 2
Domestic Jurisdiction in ICC Offences

Section 13.—

(2) Article 27 (application of Statute to all persons without any distinction based on official capacity) and paragraphs (a) and (b) of Article 28 (responsibility of commanders and other superiors for crimes within the jurisdiction of the International Criminal Court) shall apply, as appropriate and with any necessary modifications, in relation to any such determination.

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).