Part 1
General Provisions
9. Obligation to consult, and rejection of requests from the International Criminal Court
1. Matters arising shall be resolved through consultations with the International Criminal Court, in particular where the execution of a request from the International Criminal Court would:
(1) run counter to a fundamental legal principle (article 93(3) of the Statute);
(2) prejudice national security (articles 72 and 93(4) of the Statute);
(3) violate the State immunity or diplomatic immunity of a person or property of a third State (article 98(1) of the Statute);
(4) conflict with international obligations whereby the consent of a sending State is required to surrender a person of that State to the Court (article 98(2) of the Statute).
2. During the consultations, consideration shall be given to executing the request in other ways or under specific conditions.
3. If a matter cannot be resolved through consultations, the International Criminal Court shall be requested to amend its request. If such an amendment by the International Criminal Court cannot be considered, the request shall be rejected.
4. Any such refusal, in the cases referred to in paragraph 1, sub-paragraphs 2 to 4 above, shall be decided on by the Federal Minister of Justice with the consent of the Federal Minister of Foreign Affairs. The case in paragraph 1, sub-paragraph 2, further requires the consent of the competent federal minister. The International Criminal Court shall be informed of any refusal of a request and the grounds thereof.
EDIT.