Spans in 'Kenya - International Crimes Act' tagged with 'Admissibility challenge - ne bis in idem

'Admissibility challenge - ne bis in idem - consultations with the Court' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Admissibility challenge - ne bis in idem - consultations with the Court'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

52. (1) The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if -

(a) a ruling on admissibility of the kind specified in section 53 (1) or section 55 (1) or section 56 is pending before the ICC;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

53. (1) Where the person whose surrender is sought alleges that—
(a) the case is one to which paragraph 1 of article 20 of the Rome Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the
ICC); or
(b) the person has been tried by another court for conduct also proscribed under article 6, 7, or 8 of the Rome Statute and the case is not one to which paragraph 3 (a) and (b) of article 20 of the Rome Statute applies, the Minister shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Rome Statute.

RELEVANT ROME STATUTE PROVISIONS

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.