Immunity

Bosnia and Herzegovina

Bosnia and Herzegovina - Criminal Procedure Code 2003 (2013) EN

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VI - PROSECUTOR

Article 35 - Rights and Duties

(1) The basic right and the basic duty of the Prosecutor shall be the detection and prosecution of perpetrators of criminal offenses falling within the jurisdiction of the Court.

(2) The Prosecutor shall have the following rights and duties:

...
to grant immunity in accordance with Article 84 of this Law

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN

PART ONE - GENERAL PROVISIONS

Article 7
(Immunity Regulations)
Regulations on immunity and privileges foreseen under special laws in Bosnia and Herzegovina shall not be applied in the procedure with respect to the criminal offenses under Article 1 of this Code.

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.