'Admissibility challenge - State investigation or prosecution' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 1. GENERAL PROVISIONS
Section 8
1. If and for as long as a challenge to the admissibility of a case or the jurisdiction of the ICC pursuant to articles 18 or 19 of the Statute is under consideration by the ICC, the processing of a request relating to the case for the surrender of a person shall be suspended.
2. In the case referred to in subsection 1, the processing of a request for any other form of cooperation may be suspended by Our Minister or, as the case may be, by the public prosecutor after consultation with Our Minister, unless the ICC has determined that the Prosecutor [of the ICC] may proceed with the collection of evidence pursuant to articles 18 or 19.

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.

ANALYSIS

This provision follows the ICC Statute.