Obligations arising out of State or diplomatic immunity

Austria

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 1
General Provisions

9. Obligation to consult, and rejection of requests from the International Criminal Court

1. Matters arising shall be resolved through consultations with the International Criminal Court, in particular where the execution of a request from the International Criminal Court would:

(3) violate the State immunity or diplomatic immunity of a person or property of a third State (article 98(1) of the Statute);

Rome Statute

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.