Spans in 'Kenya - International Crimes Act' tagged with 'Deferral of case by ICC to State'

'Deferral of case by ICC to State' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Deferral of case by ICC to State'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

109. (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if—

(b) the ICC determines under article 18 or article 19 of the Rome Statute that the case to which the request relates is inadmissible and section 113 (4) applies; or
(c) section 115 (4) applies.

RELEVANT ROME STATUTE PROVISIONS

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.