TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITER III RELATIONS BETWEEN THE COURT AND BELGIUM

Article 8
1. Pursuant to article 14 of the Statute, the Minister of Justice may, upon a decision discussed by the Cabinet, refer to the Court a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, requesting the Prosecutor to investigate that situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
In such an instance, Belgium shall specify, insofar as possible, the relevant circumstances and produce such supporting documentation as is available to it.
2. Without prejudice to the application of article 47 of this law, and pursuant to article 14 of the Statute, the Minister of Justice may, following a decision discussed by the Cabinet, acquaint the Court with the facts relative to offences specified in Book II, Title I bis, of the Criminal Code which have been referred to the judicial authorities.
Once the Prosecutor has given the notification provided for in article 18, paragraph 1 of the Statute in respect to the facts brought to the attention of the Court by the Minister of Justice, the Court of Cassation, on application by the Principal Crown Prosecutor, shall pronounce the deferral of the Belgian court seized of the same facts.
Where the Court, at the request of the Minister of Justice, after the deferral of the Belgian court, states that the Prosecutor has decided not to produce an indictment or that the Court has not confirmed an indictment, or has deemed it does not have jurisdiction or that the case is inadmissible, the Belgian courts shall once again have jurisdiction.

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITER III RELATIONS BETWEEN THE COURT AND BELGIUM
Article 9
Where the jurisdiction of the Court applies in accordance with article 13 of the Statute, the central authority, following consultation of the public prosecutor, may claim the jurisdiction of a Belgian court pursuant to article 18 of the Statute or, if appropriate, challenge the jurisdiction of the Court or the admissibility of the case pursuant to article 19 of the Statute.

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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(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;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.