'Admissibility challenge - State investigation or prosecution' in document 'Trinidad&Tobago - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (1) The Attorney General shall refuse a request by the ICC for the surrender of a person if—

(b) the ICC determines that the case is inadmissible and section 59(3) or 60(2) applies; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

56. (1) The Attorney General may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if—
(a) a ruling on admissibility of the kind
specified in section 57(1), or 59(1) or 60 is pending before the ICC;

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

59. (1) This section applies if—

(c) either—
(i) the conduct is being investigated or prosecuted in Trinidad and Tobago; or

RELEVANT ROME STATUTE PROVISIONS

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.