State privileges and immunities

Federal Republic of Germany

Germany - Criminal Code 1871 (2013) EN

GENERAL PART

CHAPTER TWO
THE OFFENCE

FIFTH TITLE
IMMUNITY FOR STATEMENTS AND REPORTS MADE IN PARLIAMENT

Section 36
Parliamentary statements

Delegates of the Federal Parliament, the Federal Assembly or of a legislative body of a member state shall at all times be immune from external liability because of a vote they cast or a statement they made within one of those bodies or one of their committees. This shall not apply to intentional defamation.

Section 37
Parliamentary reports

Truthful reports about the public sessions of the bodies indicated in section 36 or their committees shall not give rise to any liability.

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.