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
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of
sentence.
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.