Article 25
Waiver of privileges and immunities provided for in articles 13 and 14
Privileges and immunities provided for in articles 13 and 14 of the present Agreement are accorded to the representatives of States and intergovernmental organizations not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the work of the Assembly, its subsidiary organs and the Court. Consequently, States Parties not only have the right but are under a duty to waive the privileges and immunities of their representatives in any case where, in the opinion of those States, they would impede the course of justice and can be waived withoutprejudice to the purpose for which the privileges and immunities are accorded. States not party to the present Agreement and intergovernmental organizations are granted the privileges and immunities provided for in articles 13 and 14 of the present Agreement on the understanding that they undertake the same duty regarding waiver.
Article 26
Waiver of privileges and immunities provided for in articles 15 to 22
1. The privileges and immunities provided for in articles 15 to 22 of the present Agreement are granted in the interests of the good administration of justice and not for the personal benefit of the individuals themselves. Such privileges and immunities may be waived in accordance with article 48, paragraph 5, of the Statute and the provisions of this article and there is a duty to do so in any particular case where they would impede the course of justice and can be waived without prejudice to the purpose for which they are accorded.
2. The privileges and immunities may be waived:
(a) In the case of a judge or the Prosecutor, by an absolute majority of the judges;
(b) In the case of the Registrar, by the Presidency;
(c) In the case of the Deputy Prosecutors and the staff of the Office of the Prosecutor, by the Prosecutor;
(d) In the case of the Deputy Registrar and the staff of the Registry, by the Registrar;
(e) In the case of personnel referred to in article 17, by the head of the organ of the Court employing such personnel;
(f) In the case of counsel and persons assisting defence counsel, by
the Presidency;
(g) In the case of witnesses and victims, by the Presidency;
(h) In the case of experts, by the head of the organ of the Court appointing the expert;
(i) In the case of other persons required to be present at the seat of
the Court, by the Presidency.
PART VI
SURRENDER OF OFFENDERS
TO THE INTERNATIONAL CRIMINAL COURT
Supplementary provisions
26S. (1) Any state or diplomatic immunity attaching to a person by reason of a connection with a state party to the ICC Treaty does not prevent proceedings under this Part in relation to that person.
(2) Where -
(a) state or diplomatic immunity attaches to a person by reason of a connection with a state other than a state party to the ICC Treaty, and
(b) waiver of that immunity is obtained by the ICC in relation to a request for that person’s surrender,
the waiver shall be treated as extending to proceedings under this Part in connection with that request.
Immunity of the Court, its Property, Funds and Assets
1. The Court, and its property, funds and assets, wherever located and by whomsoever held, shall be immune from every form of legal process, except insofar as in any particular case the Court has expressly waived its immunity. It is however, understood that no waiver of immunity shall extend to any measure of execution.