Obligations arising out of State or diplomatic immunity


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 477. Scope of assistance
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(1) In addition to the conditions provided for in § 436 of this Code, assistance shall not be provided to a requesting state in the execution of a punishment or any other sanction imposed in the requesting state if :

9) the judgement or decision has been made with regard to a person who enjoys diplomatic immunity on the basis of clause 4 2) of this Code ;

Chapter 19

Division 7
International Criminal Court

§ 489. Co-operation with International Criminal Court

(1) Co-operation with the International Criminal Court shall be carried out pursuant to this Code unless otherwise provided by an international 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.