Spans in 'Switzerland: Law on Cooperation with the ICC' tagged with 'State privileges and immunities'

'State privileges and immunities' in document 'Switzerland: Law on Cooperation with the ICC'

Jump to:

More information about the keyword 'State privileges and immunities'
More information about the document 'Switzerland: Law on Cooperation with the ICC'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 4 Consultations

The Central Authority shall conduct consultations as indicated in article 97 of the Statute, in particular when the execution of a request:
d. could violate State or diplomatic immunity (art. 98 in connection with art. 27 of the Statute).

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 6 Immunities

1 On application by the Federal Department of Justice and Police (Department), the
Federal Council shall decide on questions of immunity relating to article 98 in conjunction with article 27 of the Statute which arise in the course of the execution of requests..

2 Where paragraph 1 applies, the Department may order arrest or other preventive measures.

RELEVANT ROME STATUTE PROVISIONS

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.