Obligations towards the sending State

Republic of Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One

Chapter XVI

Application of the Regulations of international law

Article 252
(1) The rules of international law shall apply with respect to exemption from criminal prosecution of aliens who enjoy the right to immunity in Montenegro.

(2) Should there be any doubt as to the status of persons referred to in Paragraph 1 of this Article the Court shall seek clarification from the administration authority competent in foreign affairs.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

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.