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Updates on Germany

31 Dec 2005

On 25 April 2002, the Bundestag (Parliament) unanimously approved the draft act on the Code of Crimes against International Law (which consolidate and complete the list of criminal offenses under German domesitc law, paralleling the crimes under the Rome Statute) as well as the draft act on implementing legislation (regarding cooperation). The CCAIL act was passed by the Federal Parliament on 26 June 2002 and entered into force on 30 June 2002. It allows German public prosecutors to investigate the crimes under the Rome Statute regardless of where, when, by whom or against whom the crimes are committed. Both draft laws were published in the official gazette before the Rome Statute's entry into force on 1 July 2002.

On 16 January 2002, the Cabinet approved the final drafts of the Code of Crimes Against International Law, and the Implementation Act. These two draft bills were then submitted to Parliament.

Previously, the German Bundestag (lower house of Parliament) passed the ratification bill unanimously on 27 October 2000, and separately adopted the necessary constitutional amendment regarding surrender of its nationals. Subsequently, the bill was brought to the second chamber for approval at the Legal Committee as well as the plenary.

Germany amended the Criminal Code to comply with the obligation of penalizing criminal offenses against the administration of justice by the ICC. All parties in the German Parliament approved the proposed amendment of Article 16(2) of the German constitution. This article allows for the extradition of German nationals to the ICC and to other member states of the European Union (adding to draft law No. 715/99 "It will be possible to decide differently by law regarding the extradition to a member state of the European Union and to an international court"). The parliamentarians saw no need to amend the provisions of the constitution related to immunity of parliamentarians.

The Expert Working group submitted its draft Code on International Crimes ("V�lkerstrafgesetzbuch") to the Ministry of Justice in May 2001. The draft Code on International Crimes was discussed by the German government, and then submitted to Parliament. Previously, the draft had been confirmed by the Ministry of Justice.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Germany 31 Dec 2005 On 25 April 2002, the Bundestag (Parliament) unanimously approved the draft act on the Code of Crimes against International Law (which consolidate and complete the list of criminal offenses under German domesitc law, paralleling the crimes under the Rome Statute) as well as the draft act on implementing legislation (regarding cooperation). The CCAIL act was passed by the Federal Parliament on 26 June 2002 and entered into force on 30 June 2002. It allows German public prosecutors to investigate the crimes under the Rome Statute regardless of where, when, by whom or against whom the crimes are committed. Both draft laws were published in the official gazette before the Rome Statute's entry into force on 1 July 2002. On 16 January 2002, the Cabinet approved the final drafts of the Code of Crimes Against International Law, and the Implementation Act. These two draft bills were then submitted to Parliament. Previously, the German Bundestag (lower house of Parliament) passed the ratification bill unanimously on 27 October 2000, and separately adopted the necessary constitutional amendment regarding surrender of its nationals. Subsequently, the bill was brought to the second chamber for approval at the Legal Committee as well as the plenary. Germany amended the Criminal Code to comply with the obligation of penalizing criminal offenses against the administration of justice by the ICC. All parties in the German Parliament approved the proposed amendment of Article 16(2) of the German constitution. This article allows for the extradition of German nationals to the ICC and to other member states of the European Union (adding to draft law No. 715/99 "It will be possible to decide differently by law regarding the extradition to a member state of the European Union and to an international court"). The parliamentarians saw no need to amend the provisions of the constitution related to immunity of parliamentarians. The Expert Working group submitted its draft Code on International Crimes ("V�lkerstrafgesetzbuch") to the Ministry of Justice in May 2001. The draft Code on International Crimes was discussed by the German government, and then submitted to Parliament. Previously, the draft had been confirmed by the Ministry of Justice.