Immunity - national proceedings

Rwanda

Law N°33 BIS/2003 repressing the crime of genocide, crimes against humanity and war crimes 2003

Chapter 6. MISCELLANEOUS AND FINAL PROVISIONS

Article 18:
No interest can justify committing crimes provided for by this law. The official status of an accused at the time of committing a crime shall not exempt him or her from his or her criminal liability and shall not be a reason to benefit from mitigating circumstances.

Rome Statute

Article 27 Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.