Part 2 Surrender of Persons

§ 3 Requests for Surrender and Earlier Criminal Proceedings Before the Court or in a Foreign State
(relating to Article 89 para. 2 sentence 1 of the Rome Statute)

During the surrender proceedings, if the suspect makes a statement that he has already been convicted or acquitted by the Court or a court in another state of the criminal act that is the basis of the surrender request from the Court, the office to which the statement was made by the suspect, notwithstanding § 68 para. sentence 3 and 4, shall immediately inform the public prosecution office attached to the Higher Regional Court. The Higher Regional Court shall temporarily stay the surrender proceedings in accordance with Article 89 para. 2 sentence 3 of the Rome Statute, until the Court reaches a decision regarding permissibility. The suspect will not be surrendered when the Court rules that the implementation of a criminal proceeding is not permissible.

Part 7 General Provisions

§ 69 German Criminal Proceeding and Earlier Criminal Proceeding before the Court
(relating to Article 20 para. 2, Article 70 para. 2 of the Rome Statute)

(1) No one shall, based upon a crime described in Article 5 of the Rome Statute or a criminal act described in Article 70 para. 1 of the Rome Statute for which he has already been judged guilty or acquitted by the Court, be brought before another court.
(2) If, during a criminal proceeding taking place domestically against a person, it becomes known that there is a final judgment against that person or he has been acquitted by the Court based upon all or a portion of the acts that are the basis of the German proceeding, the proceeding as to the acts as to which the Court has ruled, at the cost of the State, shall be terminated. If the proceedings are pending before a court, a decision of the court is required for the termination.
(3) The ruling of the Court on the questions of guilt and penalty shall be used as a basis for the decision to be made regarding compensation for criminal prosecution measures

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

This provision is wider than the ICC Statute.

The principle of ne bis in idem explicitly covers also offences against administration of justice.