Facilitating voluntary appearance of persons - national procedures for ICC proceedings

Germany

Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

ยง 53 Personal Appearance of Witnesses

(1) Should the Court request the personal appearance of a person who is at large in Germany as a witness for questioning, for confrontation, or for inspection by the court, it may be ordered via a summons from a German court or a German public prosecution office.
(2) To the extent the Court assures a person that their testimony will not be used, the information from the person within the scope of the assurance of the Court shall not be used in a German criminal proceeding without the permission of the person. Testimony before the Court also may not be used in a German criminal proceeding without the permission of the person when the person was under a duty to provide information to the Court but under German law could have refused to provide such information.

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;