'Admissibility challenge - State investigation or prosecution' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(4)

(ii) the case is being investigated or prosecuted by the competent authorities in Mauritius or any other country

RELEVANT ROME STATUTE PROVISIONS

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.