'National prosecution for offences against the administration of justice' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5
Additional Mutual Assistance

ยง 63
Commencement of a German Criminal Proceeding
(relating to Article 70 para. 4 of the Rome Statute)

If the Court requests the commencement of a criminal proceeding pursuant to Article 70 para. 4(b) of the Rome Statute against a person suspected of an offense set forth in Article 70 para. 1 of the Rome Statute, the Court shall be informed as soon as possible of the activities undertaken based upon the request. Upon completion of the proceedings, it shall be sent a copy or a certified copy of the final decision. Remaining objects and files shall be returned, provided that the Court so requests.

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.

ANALYSIS

This provision is wider than the ICC Statute.

 

The German Law on Cooperation with the ICC provides for feedback to the ICC on national proceedings (Section 63).