(2) Despite any other law to the contrary, including customary and conventional international law, the fact that a person-
(a) is or was a head of State or government, a member of a government or parliament, an elected representative or a government official; or
(b) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior,
is neither-
(i) a defence to a crime; nor
(ii) a ground for any possible reduction of sentence once a person has been convicted of a crime.
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.