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The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

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Application of provisions of International Criminal Court Act 2001

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33.—(1) Section 23 (provisions as to state or diplomatic immunity) of the International Criminal Court Act 2001 (“the Act”) applies in relation to proceedings under this Order as it applies in relation to proceedings under Part 2 of the Act, with the following adaptations.

(2) The adaptations are—

(a)in subsection (1) omit the words “by reason of a connection with a state party to the ICC Statute”;

(b)omit subsections (2), (3) and (5);

(c)in subsection (4)—

(i)for the reference to the ICC substitute a reference to the Mechanism, and

(ii)omit the words “or (2)”.

(3) The provisions of sections 42 to 48 (enforcement of sentences of imprisonment) of the Act apply, with any necessary modifications, in relation to a sentence or term of imprisonment imposed by the Mechanism, as they apply in those sections in relation to a sentence or term of imprisonment imposed by the ICC, and with other references in those sections to the ICC being references to the Mechanism .

(4) In this article, “the ICC” means the International Criminal Court.

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