Immunities
5 important questions on Immunities
What are the consequences for immunities if a state becomes a party to the Rome Statute?
What role does article 98 ICC Statute play in a case where a State Party surrenders its own national?
Does article 98 ICC Statute bar the surrender or assistance of a State party when that State party is asked to surrender an official with persona immunity bestowed by other State Party?
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What are the consequences of article 98 when a State Party wants or is asked to surrender an official of a non-state party, who has personal immunity?
Article 98 (1) requires respect for immunities existing under international law. Does this mean that there can be no surrender of an official with personal immunity at all?
1. Even officials of non-State Parties to the Rome Statute will lose their immunity if the Security Counsel under Chapter VII orders full cooperation.
2. Prosecution is also possible if the non-State party agrees to waive the immunity.
3. Once the official is no longer serving in a capacity that entails personal immunity, he or she will only have functional immunity and hence be liable to prosecute for core crimes.
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