'State privileges and immunities' in document 'Azerbaijan - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 11. Implementation of the criminal law on the persons who have committed a crime on the territory of the Azerbaijan Republic

11.5. The question on the criminal liability of diplomatic representatives of the foreign states and other citizens which use immunity, in case of committing by these persons of a crime on the territory of the Azerbaijan Republic shall be implemented according to the norms of international law.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 102. Attack on persons or establishments, which use international protection

The attack on representative of the foreign state or employee of the international organization which use international protection, as well as on service, other premises or vehicles of these persons, committed with a view of provocation of war or complication of the international relations â “
shall be punished by imprisonment for the term from five up to ten years.

RELEVANT ROME STATUTE PROVISIONS

Article 27
Irrelevance of official capacity
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.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.