II. Specific provisions
B. Judicial assistance; procedural provisions
Article 16
Postponement of the execution of requests for assistance from the International Criminal Court
(1) The execution of a request for judicial assistance from the International Criminal Court may be postponed :
(a) until there is a decision concerning a challenge of admissibility under articles 17 to 19 of the Rome Statute, unless the International Criminal Court has ordered expressly that the Prosecutor may pursue the collection of evidence pursuant to article 18 or 19 of the Rome Statute;
(b) for a time period agreed upon with the International Criminal Court if the immediate execution of the request would interfere with ongoing investigations or proceedings in a case other than the one the request relates to.
(2) Any such postponement shall be decided upon by the Ministry of Justice.
(3) Prior to any decision of postponement pursuant to paragraph 1(b) above, it shall be ascertained whether the requested assistance could be provided immediately under certain conditions. A request from the International Criminal Court for measures to secure evidence shall still have to be executed in the event of a postponement.
II. Specific provisions
D. Custody pending surrender, surrender and transit
Custody pending surrender and orders for surrender
Article 27
(a) at the request of the International Criminal Court
(4) The decision on surrender shall be deferred only in the event of a challenge of admissibility pursuant to Article 5(2) above until the decision by the International Criminal Court. In the event of a challenge of jurisdiction pursuant to articles 17 to 19 of the Rome Statute by a third country, the procedure in Article 30 below shall apply.
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.