Other types of assistance - national procedures for ICC proceedings

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

§ 59 Telecommunications Surveillance and Other Covert Measures
(relating to Article 93 para. 1(l) of the Rome Statute)

(1) The ordering of surveillance of telecommunications (§ 100a of the Criminal Procedure Code) and the transmittal of the information gained therefrom is only permissible when:
1. a decision of a judge of the Court is presented ordering telecommunications surveillance,
2. the additional prerequisites in the Criminal Procedure Code for the ordering of measures are met, with the exception that instead of the criminal acts referred to in § 100a para. 1 sentence 1 of the Criminal Procedure Code, the criminal acts set forth in Article 5 of the Rome Statute apply, and
3. it is guaranteed that the provisions of the Criminal Procedure Code regarding the notification of parties affected by the measures (§ 101 para. 1 of the Criminal Procedure Code), regarding the use of the information obtained in other criminal proceedings before the Court (§ 100b para. 5 of the Criminal Procedure Code), and regarding the destruction (§ 100b para. 6 of the Criminal Procedure Code) shall be observed.
(2) Upon request of the Court, the covert measures set forth in § 100c para. 1 of the Criminal Procedure Code shall be ordered. Para. 1 applies mutatis mutandis.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.