Immunity

Belgium

Belgium - Act on Serious Violations of International Humanitarian Law 2003

CHAPTER III AMENDMENTS TO THE ACT OF 17 APRIL 1878 CONTAINING THE PRELIMINARY TITLE OF THE CODE OF CRIMINAL PROCEDURE
Article 13
An article 1 bis shall be inserted into Chapter I of the preliminary Title of the Code of Criminal Procedure and shall read as follows:

“Article 1 bis
1. In accordance with international law, the following persons are immune from criminal prosecution:
- foreign heads of state, heads of government and ministers of foreign affairs, while in office, and other persons whose immunity is recognised by international law;
- persons who enjoy full or partial immunity on the grounds of a treaty which is binding on Belgium.
2. In accordance with international law, no coercive measures related to criminal proceedings may be taken during their stay against any person who has been officially invited to enter the territory of the Kingdom by the Belgian authorities or by an international organisation established in Belgium with which Belgium has concluded a Headquarters Agreement.”

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.