Part 7
Miscellaneous

57 Attorney-General may decline to comply with request in certain cases

The Attorney-General may decline to comply with a request to which section 21, 29, 30, 31, 35, or 41 applies where, in the Attorney-General's opinion,—

(b) the request relates to the prosecution of a person for an offence in a case where the person has been tried by a national court or authority, whether in New Zealand or elsewhere, in respect of that offence or for another offence constituted by the same act or omission except where the Tribunal is exercising jurisdiction because

(i) the act or omission for which the person has been tried was characterised as an ordinary offence under the law of the country where the trial took place ; or

(ii) the proceedings in the national court or authority were—
(A) not impartial or independent ; or
(B) designed to shield the person from inter-national criminal responsibility ; or
(C) not diligently prosecuted.

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.