Part 2 Surrender of Persons
§ 5 Documents for Surrender of Persons
(relating to Article 91 para. 2 and 3 and Article 111 of the Rome Statute)
(1) Surrender of a person is only permissible when the documents set forth in Article 91 para. 2 of the Rome Statute (surrender for criminal prosecution) or in Article 91 para. 3 of the Rome Statute (surrender for execution of sentence) are submitted.
If the request for surrender is for the prosecution of more than one criminal act, a document by the Court detailing the alleged criminal act of the suspect will suffice instead of an arrest warrant for those additional acts. In the documents described in Article 91 para. 2 (c) of the Rome Statute, the applicable provisions shall be set forth.
To the extent regulations of the Rome Statute are at issue, it shall be sufficient to name these provisions.
(2) The execution of the approved surrender for execution of a sentence by the state of enforcement (§2 para. 2) is permissible only when, in addition to the documents named in Article 91 para. 3 of the Rome Statute:
1. a certificate of the state of enforcement, in which its agreement with the enforcement is stated or a declaration of the Court that the state of enforcement is in agreement with the enforcement is presented, and
2. the Court, in its request or the accompanying documents, has stated its agreement with the surrender of the suspect by the German authorities to the state of enforcement.
Contents of request for arrest and surrender
EDIT.