Part 6 Outgoing Requests

§ 64 Form and Content of the Request
(relating to Article 93 para. 10, Article 96 para. 4 of the Rome Statute)

A request made to the Court pursuant to Article 93 para. 10(a) of the Rome Statute for mutual assistance or surrender of persons, as well as the accompanying documents, must have the prescribed form set forth in Article 96 para. 1 in connection with para. 4 of the Rome Statute and the content set forth in Article 96 para. 2 in connection with para. 4 of the Rome Statute.

Article 93
Other forms of cooperation
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.

This provision is wider than the ICC Statute.

The German Law on Cooperation provides that Germany might seek assistance from the ICC for surrender of persons (Section 64).