Obligations arising out of State or diplomatic immunity


International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 2. General provisions concerning legal assistance in Sweden.

Consideration of requests and decisions on refusals

Section 14

The second paragraph does not apply if a refusal would conflict with an international agreement that applies between Sweden and the requesting state. The second paragraph, item 1, does not apply to a request from a state that is a Member of the European Union or from Norway or Iceland.

Chapter 5. Other provisions

Conditions regarding limitation on use, etc.

Section 2

Legal assistance that is provided in accordance with this Act may be combined with conditions called for having regard to the rights of the individual or which are necessary from the public viewpoint.

Conditions referred to in the first paragraph may not be imposed if they violate an international agreement that is binding on Sweden.

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.