State privileges and immunities

Ireland

Ireland - ICC Act 2006 EN

Part 6
Miscellaneous

60.—
(1) The International Criminal Court, its judges, the Prosecutor, Deputy Prosecutor, Registrar, other members of its staff and those other persons mentioned in Article 48 and the Agreement on the Privileges and Immunities of the International Criminal Court shall, in the absence of any waiver, have the privileges, immunities and facilities necessary for the purposes specified in relation to them in that Article or in the Agreement.

(2) For the purposes of subsection (1) Article 48 and the Agreement shall have effect in relation to the State.

(3) Judicial notice shall be taken of the Agreement.

(4) For convenience of reference the text of the Agreement in the English language is set out in Schedule 2.

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.