Federal Republic of Germany

Rome Statute Dec. 10, 1998 Dec. 11, 2000
APIC July 14, 2003 Sept. 2, 2004

Implementation Notes

Germany signed the Rome Statute on 10 December 1998, a symbolic date marking its position as a like-minded State. After modifying the Constitution in order to allow for the surrender of German nationals to the ICC, Germany ratified the Rome Statute in late 2000. In 2002 the Law on Cooperation with the ICC and the Code of Crimes against International Law were enacted. The Law on Cooperation with the ICC outlines the procedures for cooperation between Germany and the Court in a very comprehensive manner. The provisions largely reflect or expand upon the content of the corresponding Articles of the Rome Statute. The provisions on immunities, competing requests and postponement of the execution of ICC requests could, however, be improved. The Code of Crimes against International Law incorporates into German law the crimes over which the ICC has jurisdiction by adapting, where necessary, the wording of the Rome Statute to meet the strict interpretation of the nullum crimen sine lege principle followed by the German legal tradition. The main innovation of the Code lies in its section on war crimes. The traditional distinction between international and non-international armed conflicts is abandoned and war crimes are listed according to the protected legal object. Furthermore, where the Rome Statute does not reflect customary international law, Germany has opted for the broader customary rule. Concerns might be raised with regard to the provisions dealing with command and superior responsibility, which do not follow the approach taken by the Rome Statute. Finally, although universal jurisdiction has been adopted with regard to the above crimes, this may only be exercised residually.

National Implementing Legislation

Criminal Procedure Code (Strafproze├čordnung, StPO)
Law on Cooperation with the International Criminal Court (ICC Act) - Article 1
Strafprozessordnung (StPO)

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