CHAPTER 1. GENERAL PROVISIONS
Section 7
2. The following may in any event constitute obstacles or impediments as referred to in subsection 1:
(f) a prosecution of the person claimed for the same acts is either in progress or in preparation in the Netherlands;

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 6. Expedited procedure

Section 37

1. After a statement has been made in accordance with section 36, the public prosecutor may decide that the person claimed will be surrendered to the ICC.
2. Subsection 1 shall not apply if (it appears that) the person claimed is the subject of prosecution in the Netherlands or that all or part of a sentence imposed on him by a Dutch court is still eligible for execution. In such a case the public prosecutor shall make an application as referred to in section 21.
3. The public prosecutor shall notify Our Minister immediately of every decision taken under subsections 1 or 2.

Section 38

1. If the public prosecutor has decided in accordance with section 37, subsection 1 that the person claimed will be surrendered to the ICC, section 21 shall not apply.
2. If the application referred to in section 21 has already been lodged with the District Court, it shall be withdrawn immediately. The clerk of the District Court shall then return the request for surrender, together with the accompanying documents, to the public prosecutor.
3. The public prosecutor shall notify the person claimed of the withdrawal of the application.

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.