Part 7 General Provisions

§ 70 Notification
(relating to Article 27 of the Rome Statute)

If a request of the Court seeks the surrender of or other mutual assistance against a member of the German Federal Parliament (Bundestag) or a legislative organ of a state (Land) or investigative acts within their territory, the Federal Ministry of Justice or the office responsible pursuant to § 68 para. 1 shall inform the president of the body to which the affected party belongs or which will be affected by the requested investigative acts of the receipt of the request. Appropriate measures shall be taken to ensure that the implementation of the proceedings before the Court or the surrender proceedings will not be endangered by the notification.

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.

This provision is narrower than the ICC Statute.

The German Law on Cooperation provides that a member of the German Federal Parliament or legislative organ of a state will be informed of any investigative acts which will affect them. It does not provide that immunities do not apply.