Obligations arising out of State or diplomatic immunity

Georgia

Georgia - Criminal Procedure Code 1998 (2022) EN

Article 122 – Seizure and search conducted in a building of a diplomatic mission and with respect to diplomatic representatives
1. A seizure or search in the territory of a diplomatic mission, also with respect to persons holding diplomatic immunity, as well as in a building or vehicle occupied by these persons and/or their family members may be conducted only with the consent or request of the head of that diplomatic mission.
2. Consent of the head of a diplomatic mission allowing the conduct of a seizure or search shall be requested through the Ministry of Foreign Affairs of Georgia.
3. A representative of the Ministry of Foreign Affairs of Georgia shall be obliged to attend a seizure or search in cases provided for by paragraph 1 of this article.

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia

Article 5

Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:

d. violates domestic or diplomatic immunity.

Chapter 4 Request of the International Court

Article 13

Matters related to immunity

If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.

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.