Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 42 Escape and Speciality
(relating to Article 108, Article 111 of the Rome Statute)

(1) Should the convicted person escape or otherwise evade justice, the office responsible pursuant to § 46 para. 1 shall issue an arrest warrant and shall use further measures as required to establish the whereabouts and to effect arrest of the suspect. A request of the Court is not required for the ordering of individual investigative measures. § 31 para. 2 sentence 1 of the Law on the Administration of Justice (Rechtspflegergesetz) applies mutatis mutandis. The Court will be promptly informed of the escape; in addition, the proceedings shall be handled in accordance with Article 111 of the Rome Statute.

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.