Direct execution of request on State territory in other cases

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

ยง 62 Direct Action by the Court
(relating to Article 99 para. 4(b) of the Rome Statute)

Upon special request and upon agreement with the responsible German authorities, members of the Court and authorized representatives thereof shall be permitted to independently conduct questioning, inspections, and similar evidence gathering in Germany. Mutual assistance may be approved under the conditions within the meaning of Article 99 para. 4(b) of the Rome Statute. The ordering and implementation of compulsory measures are in all cases reserved for the responsible German authorities and shall be carried out in accordance with German law.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.