'Admissibility challenge - State investigation or prosecution' in document 'Slovenia: Cooperation with the ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

V. CHALLENGING ADMISSIBILITY

Article 9
(2) The admissibility of a matter or the jurisdiction of the Court shall be challenged in cases in which the matter is being investigated or prosecuted by the competent bodies of the Republic of Slovenia, or when the charge of the Court refers to a person who has been acquitted or convicted with a final judgement in the Republic of Slovenia, or the criminal proceeding against him has been stayed by final decision or the charge against him has been dismissed with a final decision, and it is not a case in which trial by the Court would be allowed under the third paragraph of Article 20 of the Statute.

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.