State privileges and immunities

Republic of Estonia

Estonia - Penal Code 2001 (2020) EN

Part 2 SPECIAL PART
Chapter 15 OFFENCES AGAINST THE STATE
Division 4 Offences against Foreign States or International Organisations

§ 246. Attack against life or health of persons enjoying international immunity
(1) Acts of violence against representatives of international organisations or generally recognised international non-governmental organisations or foreign high-ranking public officials or their family members is punishable by up to five years’ imprisonment.
(2) Killing, hostage taking of or causing serious health damage to any persons specified in subsection (1) of this section is punishable by six to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

§ 247. Defamation and insulting of persons enjoying international immunity
(1) Defamation or insulting of a person enjoying international immunity or of a family member of such person is punishable by a pecuniary punishment or up to two years' imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

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.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.