Immunity

The Republic of Azerbaijan

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Chapter 2. Action of the criminal law Article 11. Implementation of the criminal law on the persons who have committed a crime on the territory of the Republic of Azerbaijan''

11.5. The question on the criminal liability of diplomatic representatives of the foreign states and other citizens which use immunity, in case of committing by these persons of a crime on the territory of the Republic of Azerbaijan shall be implemented according to the norms of international law.

''Special part Section VII. Crimes against peace and security of humanity Chapter 16. Crimes against peace and security of humanity Article 102. Attack on persons or establishments, which use international protection''

The attack on representative of the foreign state or employee of the international
organization which use international protection, as well as on service, other premises or
vehicles of these persons, committed with a view of provocation of war or complication
of the international relations—

shall be punishable by imprisonment for the term from five up to ten years.

''Special part Section VII. Crimes against peace and security of humanity Chapter 16. Crimes against peace and security of humanity Article 102. Attack on persons or establishments, which use international protection''

The attack on representative of the foreign state or employee of the international
organization which use international protection, as well as on service, other premises or
vehicles of these persons, committed with a view of provocation of war or complication
of the international relations—

shall be punishable by imprisonment for the term from five up to ten years.

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.

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.