Conflict with existing fundamental legal principle of general application - consultations with the Court

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

ยง 48 Postponement of Completion

In matters under Article 93 para. 3-5, 9(b), Article 94 para. 1 and Article 95 of the Rome Statute, completion may be postponed until it has been determined how to proceed with the request in accordance with the Rome Statute.

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.