Competent national judicial authority

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 3
Transit

§ 36
Jurisdiction

(1) Judicial decisions shall be made by the Higher Regional Court. § 7 para. 1 sentence 1 and para. 2 apply mutatis mutandis.
(2) Local jurisdiction is
1. in the case of transit over land or sea, the Higher Regional Court in whose district the suspect will probably be surrendered within the scope of this law,
2. in the case of transit by air, the Higher Regional Court in whose district the first landing will occur.
(3) If jurisdiction pursuant to para. 2 number 2 is unfounded, jurisdiction shall lie with the Higher Regional Court in Frankfurt am Main.

Part 4
Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 46
Jurisdiction,
Appeal to the Federal Supreme Court, Legal Assistance

(1) The office responsible for the enforcement of prison sentences of the Court (§§ 41 and 42) is the public prosecution office attached to the Higher Regional Court in whose district the institution is located in which the convicted person is in custody.
(2) Jurisdiction for the enforcement of monetary fines per § 43 and Restitution Orders per § 45 lies with the public prosecution office attached to the Higher Regional Court in whose district the convicted person has his legal residence or, in the absence thereof, where he habitually resides. If the legal or habitual residence cannot be determined, jurisdiction lies with the public prosecution office attached to the Higher Regional Court in whose district objects belonging to the convicted person are situated. If objects are situated in the districts of different Higher Regional Courts, jurisdiction is determined based upon which public prosecution office was first involved in the matter. For as long as jurisdiction under sentences 1-3 cannot be determined, jurisdiction is determined by the seat of the federal government. The necessary judicial orders shall be made by the Higher Regional Court. Rulings by the Higher Regional Court are non-appealable.
(3) The judicial orders required for enforcement of an order of forfeiture of the Court (§ 44) shall be made the Higher Regional Court. Para. 2 sentence 6 applies mutatis mutandis. The public prosecution office attached to the Higher Regional Court shall prepare the decisions. Local jurisdiction lies with the Higher Regional Court and the public prosecution office attached to the Higher Regional Court in whose district the object is situated. If objects are situated in the districts of different Higher Regional Courts, jurisdiction is determined based upon which Higher Regional Court or, as long as no Higher Regional Court is involved, upon which public prosecution office was first involved in the matter. For as long as jurisdiction under sentence 2 or sentence 3 cannot be determined, jurisdiction is determined by the seat of the federal government.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.