'Direct execution of request on State territory in other cases' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5 Additional Mutual Assistance

ยง 62 Direct Action by the Court
(relating to Article 99 para. 4(b) of the Rome Statute)

Upon special request and upon agreement with the responsible German authorities, members of the Court and authorized representatives thereof shall be permitted to independently conduct questioning, inspections, and similar evidence gathering in Germany. Mutual assistance may be approved under the conditions within the meaning of Article 99 para. 4(b) of the Rome Statute. The ordering and implementation of compulsory measures are in all cases reserved for the responsible German authorities and shall be carried out in accordance with German law.

RELEVANT ROME STATUTE PROVISIONS

Article 99
Execution of requests under articles 93 and 96
4. (b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.