Contents of request for arrest and surrender - national law requirements

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 2
Surrender of Persons

§ 5
Documents for Surrender of Persons
(relating to Article 91 para. 2 and 3 and Article 111 of the Rome Statute)

(2) The execution of the approved surrender for execution of a sentence by the state of enforcement (§2 para. 2) is permissible only when, in addition to the documents named in Article 91 para. 3 of the Rome Statute:
1. a certificate of the state of enforcement, in which its agreement with the
enforcement is stated or a declaration of the Court that the state of
enforcement is in agreement with the enforcement is presented, and
2. the Court, in its request or the accompanying documents, has stated its
agreement with the surrender of the suspect by the German authorities to the
state of enforcement.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.