PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

General Principles of Criminal Law

12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11—
(a) the following provisions of the Statute
apply, with any necessary modifications:
(i) article 20, which relates to crimes for which a person has previously been acquitted or convicted;

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—
(a) there has been previous proceedings against the person and section 57(4) applies;

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.

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.