Part 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons


35 Person being investigated or prosecuted in Australia for same conduct

(1) This section applies if:

(a) a request for surrender of a person is made; and
(b) the request relates to conduct that would constitute an offence under Australian law; and
(c) either:
(i) the conduct is being investigated or prosecuted in Australia; or
(ii) the conduct has been investigated in Australia, and a decision was made not to prosecute the person sought; and
(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Statute.

(2) The Attorney General may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

(3) If the ICC determines that the case is inadmissible, surrender must be refused.

(4) If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

35 Person being investigated or prosecuted in Australia for same conduct

(1) This section applies if:

(a) a request for surrender of a person is made; and

(b) the request relates to conduct that would constitute an offence under Australian law; and

(c) either:

the conduct is being investigated or prosecuted in Australia; or

the conduct has been investigated in Australia, and a decision was made not to prosecute the person sought; and

(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Statute.

(2) The Attorney-General may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

(3) If the ICC determines that the case is inadmissible, surrender must be refused.

(4) If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.