'Rule of speciality - waiver' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

Part 7
General Provisions

§ 68
Federal Jurisdiction

(2) The Federal Ministry of Justice, in agreement with the Federal Foreign Office and with other highest federal authorities whose departments are affected, shall reach decisions in particular regarding:
7. request for waiver pursuant to Article 101 para. 2 of the Rome Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
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.