Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

b) to decide on acceptability of cooperation with the International Court; to develop
cooperation procedures; when necessary, to take a decision on challenging the jurisdiction of the International Court;

Chapter III
Jurisdiction of the International Court


Article 6. Determination of jurisdiction and jurisdictional disputes

1. the International Court shall have the jurisdiction over crimes committed on the territory of Georgia and falling within the subject-matter jurisdiction of the International Court according to the Statute. If the International Court considers that it has jurisdiction over a specific offence, the Responsible Agency may, after consulting with prosecution bodies determined by the Georgian Code of Criminal Procedure, accept the request of International Court or challenge the jurisdiction of the International Court in accordance with Article 19 of the Statute.

2. If the Responsible Agency does not challenge the jurisdiction of the International Court or, having examined the matter, it arrives at the conclusion that jurisdiction of the International Court shall prevail, all the relevant materials of the case shall be forwarded to the International Court. The forwarding of materials to the International Court shall result in suspension of proceedings taking place in the appropriate state authority.

3. A decision on challenging the jurisdiction of the International Court is not subject to appeal.

Chapter V
Surrender of a person to the International Court


Article 20. Legal grounds of surrender

2. If the International Court is considering an application challenging its jurisdiction pursuant to Articles 17-19 of the Statute, the Responsible agency may postpone the execution of the request until the Court makes a decision on this matter.

Chapter V
Surrender of a person to the International Court


Article 26. Rights of a person subject to surrender

2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a) challenge the jurisdiction of the International Court;

Chapter V
Surrender of a person to the International Court


Article 27. Issuance of a surrender permit

2. If the prosecuted person or the Responsible Agency is challenging the jurisdiction of the International Court, issuance of the permit will be delayed until the International Court passes its decision on the matter.

Chapter VI
Other Forms of Cooperation


Article 31. Basic principle of cooperation

2. If the International Court is considering an appeal challenging its jurisdiction pursuant to Articles 17-19 of the Statute, the Responsible Agency may suspend execution of the request until the International Court passes a decision on the matter. In this case preparatory measures may be taken by decision of the Responsible Agency.

Chapter VII
Challenge


Article 43. Challenging before the Court

1. upon the completion of the review of a request, decision of the Responsible Agency may be challenged before the Criminal Chamber of the Supreme Court of Georgia by a person who has been directly and personally affected by the measures undertaken or has a lawful ground for changing or canceling the decision.

2. If a person who has the right to challenge uses this right in relation to a matter, which, pursuant to the Statute, may be dealt with by the International Court only, the Responsible Agency shall forward the appeal to the International Court if the latter has not made a decision on the matter already.

4. An appeal challenging the completion of the review procedure of request may be filed within 10 days of completion.

5. Criminal Chamber of the Supreme Court of Georgia shall decide upon the appeal within 15 days of its submission

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.
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.
3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.
4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).
5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.
8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and
(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.
10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.
11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.