PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

27. (1) The existence of any immunity or special procedural rule attaching to the official capacity of any person shall not constitute a ground for—
(a) refusing or postponing the execution of a request
for surrender or other assistance by the ICC;
(b) holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or
(c) holding that a person is not obliged to provide the assistance sought in a request by the ICC.

(2) Subsection (1) shall have effect subject to sections 62 and 115, but notwithstanding any other enactment or rule of law.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—

(e) a request of the kind referred to in section 115 (2) (c) is made to the ICC.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) Ifa request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General shall inform the ICC to enable it to direct its request to the other State or international organisation.
(2) Where—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not paragraph 1 of article 98 of the Rome Statute applies to that request; and
(c) a request is made to the ICC to determine whether or not paragraph 1 of article 98 applies to the request for surrender,
the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) (3) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) (4) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.

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.