'Costs' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 41 Enforcement of Prison Sentences
(relating to Article 77 para. 1,Article 103 para. 1 and 2, and Articles 105, 106, and 110 of the Rome Statute)

(6) Costs arising from the enforcement shall be borne by the federal government in accordance with an agreement to be entered into with the states (Länder). This does not apply to the extent costs are to be assumed by the Court pursuant to law or other regulations.

Part 7 General Provisions

§ 71 Costs
(relating to Article 100, Article 107 para. 2 of the Rome Statute)

The repayment of costs to be borne by the Court for the mutual assistance may be waived.

RELEVANT ROME STATUTE PROVISIONS

Article 100
Costs
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.

ANALYSIS

This provision follows the ICC Statute.