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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.
| State | Provisions |
| Afghanistan | [1] |
| Albania | [1] |
| Australia | [1] [2] |
| Austria | [1] |
| Azerbaijan | [1] |
| Bulgaria | [1] |
| Cambodia | [1] |
| Croatia | [1] [2] |
| Estonia | [1] [2] |
| Greece | [1] |
| Japan | [1] [2] |
| Kenya | [1] [2] [3] [4] |
| Latvia | [1] |
| Liechtenstein | [1] |
| Mauritius | [1] [2] |
| New Zealand | [1] [2] [3] [4] |
| Romania | [1] |
| Russian Federation | [1] |
| Samoa | [1] [2] [3] [4] |
| Slovenia | [1] [2] |
| Sweden | [1] [2] |
| Trinidad and Tobago | [1] [2] [3] [4] [5] |
| Uganda | [1] [2] [3] [4] [5] [6] [7] |
| Ukraine | [1] |