'Transportation and transit through State territory for surrender' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 3 Transit

ยง 34 Principle
(relating to Article 89 para. 3 of the Rome Statute)

Persons, whose transit has been requested by the Court or, with its agreement, the state from which the suspect shall be surrendered to the Court (state of surrender) or the state of enforcement, shall be transported through Germany for criminal prosecution or execution of a criminal penalty in accordance with the Statute and this law

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

ANALYSIS

This provision follows the ICC Statute.