United Kingdom of Great Britain and Northern Ireland
PART 2
ARREST AND DELIVERY OF PERSONS
Supplementary provisions
Provisions as to state or diplomatic immunity
27.—(1) Any state or diplomatic immunity attaching to a person by reason of a connection with a state party to the ICC Statute does not prevent proceedings under this Part in relation to that person.
(2) Where—
(a) state or diplomatic immunity attaches to a person by reason of a connection with a state other than a state party to the ICC Statute, and
(b) waiver of that immunity is obtained by the ICC in relation to a request for that person’s surrender,
the waiver shall be treated as extending to proceedings under this Part in connection with that request.
(3) A certificate by the Governor—
(a) that a state is or is not a party to the ICC Statute, or
(b) that there has been such a waiver as is mentioned in subsection (2), is conclusive evidence of that fact for the purposes of this Part.
(4) The Governor may in any particular case, after consultation with the ICC and the state concerned, direct that proceedings (or further proceedings) under this Part which, but for subsection (1) or (2), would be prevented by state or diplomatic immunity attaching to a person shall not be taken against that person.
(5) Any Order in Council made under section 1 of the United Nations Act 1946 (c.45), as extended by section 23(5) of this Act as it applies in the United Kingdom, shall likewise apply in the Territory.
(6) In this section “state or diplomatic immunity” means any privilege or immunity attaching to a person, by reason of the status of that person or another as head of state, or as representative, official or agent of a state, under—
(a) the Diplomatic Privileges Act 1964 (c.81), the Consular Relations Act 1968 (c.18), the International Organisations Act 1968 (c.48) or the State Immunity Act 1978 (c.33) as applying in the Territory,
(b) any other law applying in the Territory made for the purpose of implementing an international obligation, or
(c) any rule of law derived from customary international law.
Immunity
State privileges and immunities
EDIT.