'Pardon' in document 'Botswana - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CONSTITUTION OF BOTSWANA

CHAPTER II - Protection of Fundamental Rights and Freedoms of the Individual (ss 3-19)

10. Provisions to secure protection of law

(6) No person shall be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence.

RELEVANT ROME STATUTE PROVISIONS

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:
(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