Part 2 Surrender of Persons

§ 25 Speciality
(relating to Article 101 of the Rome Statute)

(1) As to a suspect surrendered to it, the Court may, in accordance with Article 101 para. 2 of the Rome Statute, prosecute, punish, or impose a limitation on his personal freedom, for criminal acts other than the one for which the surrender was approved, to the extent the criminal acts are within its jurisdiction.
(2) If a foreign state successfully challenges the permissibility of the criminal proceedings before the Court in accordance with Article 19 in conjunction with Article 17 para. 1(a) of the Rome Statute and if the Court intends, therefore, to surrender the suspect to the authorities of that state, para. 1 is not applicable. In this case, the Court shall be promptly requested to return the surrendered person. The extradition law provisions apply to further proceedings.
(3) Para. 1 is also not applicable insofar as a foreign state requests of the Court, of the state in whose sovereign territory the Court has its seat (Host State, Article 3 of the Rome Statute) or of the state of enforcement, the extradition, temporary extradition, deportation, or other transfer to its sovereign territory for criminal prosecution, execution of a sentence, or other sanction. Return of the suspect shall be requested of the Court when adherence to the extradition law provisions applicable to the requesting state cannot be guaranteed in some other way.

Part 2 Surrender of Persons

§ 26 Request for Surrender After Previous Extradition

(1) If the extradition of a suspect to a foreign state has taken place and the Court requests approval for prosecution or execution of a sentence, approval shall be granted when:
1. it has been shown that the suspect had the opportunity to respond to the request and that the Higher Regional Court had decided that because of the criminal act the surrender would be permissible, or
2. it has been shown that the suspect has stated on the record of the proceedings of a judge of the Court or the state to which he was extradited, his agreement with prosecution or with execution of a sentence, and because of the criminal act the surrender would have been permissible. If the request is based upon the same criminal act, the Court shall be notified thereof.
(2) § 20 para. 1 applies to the proceeding, provided that, in place of the suspect’s acceptance of streamlined surrender, he agrees within the meaning of para. 1 sentence 1 number 2, as well as § 20 para. 2 and 3 sentences 2 and 3, § 21 para. 1, 2 sentence 2, para. 4, §§ 22, 23 para. 1 and 2 as applicable. The Higher Regional Court that was responsible in the extradition proceedings for a decision on the permissibility of the extradition is responsible for judicial decisions pursuant to para. 1 sentence 1 number 1.
(3) If the extradition has not yet occurred, approval of a request of the type set forth in para. 1 will be granted when, because of the criminal act, surrender to the Court would have been permissible. Para. 1 sentence 2 applies mutatis mutandis. §§ 19-23 apply to the proceedings mutatis mutandis.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

This provision follows the ICC Statute.