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

57. (2) If this section applies, the Attorney General shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Statute.
(3) If the ICC has ruled that the case is admissible, surrender cannot be refused on the grounds that there have been previous proceedings.
(4) If the ICC has ruled that the case is inadmissible under article 20 of the Statute, surrender must be refused on the ground that there have been previous proceedings.
(5) If an admissibility ruling is pending, the Attorney General may postpone the execution of a request until the ICC has made a determination on admissibility.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

59. (1) This section applies if—

(c) either—

(ii) the conduct had been
investigated in Trinidad and Tobago and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and

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.

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.