Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia
Article 5. Consultation with the International Court
The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:
d) violates domestic or diplomatic immunity.
Chapter IV
Request of the International Court
Article 13. Matters related to immunity
If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.
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.