Article 84
2.4. the suspect is protected by immunity and a waiver is not possible or not granted by the appropriate authority; or
Article 492
Immunity under International Law
1. The rules of international law apply for exclusion from criminal prosecution of foreign persons, who enjoy immunity.
2. If there is a doubt as to the immunity enjoyed by a person, based on paragraph 1 of the present Article, the body that conducts the procedure addresses the issue to the Ministry of Foreign Affairs for clarification.
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.