Part X – Miscellaneous Provisions

101. Legal personality and privileges and immunities.
(1)The ICC shall have legal personality in Uganda with such legal capacity as may be necessary for the performance of its functions and the fulfilment of its purposes.

(2) The ICC shall have the capacity to contract, to acquire and dispose of immovable and movable property and to participate in legal proceedings.

(3) The Judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, staff and personnel of the Office of the Prosecutor and of the Registry, counsel and persons assisting defence counsel, witnesses, victims, experts and other persons required to be in Uganda for the performance of official functions or for participation in proceedings relating to the ICC shall have the privileges and immunities as set out in article 48 of the Statute and the Agreement on the Privileges and Immunities of the International Criminal Court.

(4) Article 48 of the Statute and articles 2-11,13-22,25-27, 29, and 30 of the Agreement on the Privileges and Immunities of the International Criminal Court shall have the force of law in Uganda and reference in those articles to the State Party shall, for this purpose, be constructed as references to the Republic of Uganda.

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 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.