Part III – General Provisions Relating to Requests for Assistance

25. Official capacity of person no bar to request.
(1) The existence of any immunity or special procedural rule attaching to the official capacity of any person is not a ground for –

(a) refusing or postponing the execution of a request for surrender or other assistance made by the ICC;

(b) holding that a person is ineligible for arrest or surrender to the ICC 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 apply subject to section 24(6)

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.