State privileges and immunities


Germany - Basic Law 1949 (2019) EN

III. The Bundestag

Article 46
[Immunities of Members]
(1) At no time may a Member be subjected to court proceedings or disciplinary action or otherwise called to account outside the Bundestag for a vote cast or a remark made by him in the Bundestag or in any of its committees. This provision shall not apply to defamatory insults.
(2) A Member may not be called to account or arrested for a punishable offence without permission of the Bundestag unless he is apprehended while committing the offence or in the course of the following day.
(3) The permission of the Bundestag shall also be required for any other restriction of a Member’s freedom of the person or for the initiation of proceedings against a Member under Article 18.
(4) Any criminal proceedings or any proceedings under Article 18 against a Member and any detention or other restriction of the freedom of his person shall be suspended at the demand of the Bundestag.

V. The Federal President

Article 60
[Appointment of civil servants – Pardon – Immunity]
(4) Paragraphs (2) to (4) of Article 46 shall apply to the Federal President, mutatis mutandis.

Germany - Cooperation with ICC 2002 EN

Part 7 General Provisions

§ 70 Notification
(relating to Article 27 of the Rome Statute)

If a request of the Court seeks the surrender of or other mutual assistance against a member of the German Federal Parliament (Bundestag) or a legislative organ of a state (Land) or investigative acts within their territory, the Federal Ministry of Justice or the office responsible pursuant to § 68 para. 1 shall inform the president of the body to which the affected party belongs or which will be affected by the requested investigative acts of the receipt of the request. Appropriate measures shall be taken to ensure that the implementation of the proceedings before the Court or the surrender proceedings will not be endangered by the notification.

Germany - Criminal Code 1871 (2013) EN




Section 36
Parliamentary statements

Delegates of the Federal Parliament, the Federal Assembly or of a legislative body of a member state shall at all times be immune from external liability because of a vote they cast or a statement they made within one of those bodies or one of their committees. This shall not apply to intentional defamation.

Section 37
Parliamentary reports

Truthful reports about the public sessions of the bodies indicated in section 36 or their committees shall not give rise to any liability.

Rome Statute

Article 27 Irrelevance of official capacity

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.

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.


ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.