PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

6. Official capacity and superior’s orders

(1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section, to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State

PART IV – ARREST AND SURRENDER OF PERSONS

14. International obligations

(1) Where the Attorney-General considers that the execution of a request for the arrest and surrender of a person may be in conflict with the obligations of Mauritius to a foreign country under international law or international agreements referred to in Article 98 of the Statute, he shall consult with the International Criminal Court.
(2) Where, after the consultation, the Attorney-General is satisfied that the execution of the request would not conflict with any of the obligations referred to in subsection (1), the Attorney-General shall sign a certificate stating that the execution of the request does not conflict with any of those obligations.
(3) A certificate signed under subsection (2) shall be conclusive evidence of the matters stated in the certificate.
(4) Where, after the consultation, the Attorney-General is not satisfied, that the execution of the request would not conflict with any of the obligations referred to in subsection (1), the Attorney-General shall postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.
(5) Notwithstanding any other enactment, a request under this Part may be executed in respect of an offence which was committed prior to the commencement of this Act

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(4)

(vi) the person is subject to an agreement under Article 98 of the Statute

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.