Rome Statute
Part 9: International Cooperation and Judicial Assistance

Article Art. 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.

Source: Article 98 — Cooperation with respect to waiver of immunity and consent to surrender, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Jun. 25, 2022

Art. 98’s source at icc-cpi​.int