Cap. 276 Art. 26SState or diplomatic immunity.

(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.

(3) A certificate by the Minister -

(a) that a state is or is not a party to the ICC Treaty, or

(b) that there has been such a waiver as is mentioned in sub-article (2), is conclusive evidence of that fact for the purposes of this Part.

(4) The Minister may in any particular case, after consultation with the ICC and the state concerned, direct that proceedings (or further proceedings) under this Part which, but for sub-article (1) or (2), would be prevented by state or diplomatic immunity attaching to a person shall not be taken against that person.

(5) The power to make regulations conferred by article 3(1) of the National Interest (Enabling Powers) Act includes the power to make in relation to any proceedings such provision corresponding to the provision made by this article in relation to the proceedings, but with the omission -

(a) in sub-article (1), of the words ''by reason of a connection with a state party to the ICC Treaty'', and

(b) of sub-articles (2) and (3), as it appears to the Prime Minister to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).

(6) In this article ''state or diplomatic immunity'' means any privilege or immunity attaching to a person, by reason of the status of that person or another as head of state, or as representative, official or agent of a state, under -

(a) the Diplomatic Immunities and Privileges Act, the

Consular Conventions Act, the European Communities (Establishment of Delegation) Act, the Membership of International Financial Organisations Act,

(b) any other legislative provision made for the purpose of implementing an international obligation, or

(c) any rule of law derived from customary international law.