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.

Chapter III
Jurisdiction of the International Court


Article 6. Determination of jurisdiction and jurisdictional disputes

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.

Chapter V
Surrender of a person to the International Court


Article 20. Legal grounds of surrender
1. A person shall be surrendered to the International Court if from the request and the accompanying materials it derives that the act committed is within the jurisdiction of the International Court.
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.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.