State privileges and immunities

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Rome 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.

States with implementing provisions

StateProvisions
Albania [1]
Armenia [1] [2] [3] [4]
Australia [1] [2] [3]
Austria [1]
Azerbaijan [1] [2] [3] [4]
Bangladesh [1]
Belgium [1]
Bosnia and Herzegovina [1]
Bulgaria [1] [2] [3] [4] [5] [6]
Cambodia [1] [2] [3] [4] [5]
Canada [1]
Colombia [1]
Croatia [1] [2]
Estonia [1] [2] [3]
Ethiopia [1]
Fiji [1]
Finland [1] [2]
France [1] [2]
Georgia [1] [2] [3] [4]
Germany [1] [2] [3]
Greece [1]
Hungary [1]
Ireland [1]
Israel [1]
Italy [1]
Japan [1] [2]
Jordan [1] [2]
Kazakhstan [1]
Kenya [1] [2] [3] [4]
Kiribati [1]
Kyrgyzstan [1] [2]
Latvia [1]
Liechtenstein [1]
Lithuania [1] [2]
Maldives [1]
Malta [1]
Mauritius [1] [2] [3] [4]
Moldova, Republic of [1] [2] [3]
Mongolia [1] [2] [3]
Montenegro [1]
Netherlands [1] [2]
New Zealand [1]
Peru [1] [2] [3]
Philippines [1]
Poland [1]
Romania [1]
Russian Federation [1] [2]
Rwanda [1]
Samoa [1] [2] [3] [4]
Singapore [1]
Slovakia [1] [2] [3]
Slovenia [1] [2] [3] [4] [5]
Spain [1]
Sweden [1]
Switzerland [1] [2] [3] [4]
Tajikistan [1] [2]
Timor-Leste [1]
Trinidad and Tobago [1] [2] [3] [4]
Uganda [1] [2] [3]
Ukraine [1] [2] [3]
United Kingdom of Great Britain and Northern Ireland [1] [2] [3]
United States of America [1]
Uruguay [1] [2] [3]
Uzbekistan [1]
Venezuela, Bolivarian Republic of [1] [2]