Immunity

Peru

Political Constitution of Peru 1993 (2009)

TITLE IV
STRUCTURE OF THE STATE

CHAPTER I
LEGISLATIVE BRANCH

Article 93

They may not be tried or arrested without prior authorization from Congress or the Permanent Assembly. Congressmen have tenure from the time of their election to a month after terminating their office, except in the case of flagrante delicto, when they are placed at the disposal of Congress or its Permanent Assembly within 24 hours to determine whether their imprisonment and prosecution may be authorized or not.

TITLE IV
STRUCTURE OF THE STATE

CHAPTER IV
EXECUTIVE BRANCH

Article 117

During his term of office, the President of the Republic may only be accused for high treason; preventing presidential, congressional, regional, or municipal elections; dissolving Congress except in cases as set forth in Article 134 of the Constitution; and preventing the meeting or operation of Congress, National Election Board or other bodies of the election system.

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.

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.