IV. EXERCISING THE JURISDICTION OF THE COURT

Article 6
The State Prosecutor's Office and domestic courts shall have primary jurisdiction for the prosecution and trial of perpetrators of criminal offences within the jurisdiction of the Court as determined in Articles 5 to 8 of the Statute (complementary jurisdictions of the Court).

IV. EXERCISING THE JURISDICTION OF THE COURT

Article 7
(1) The General Police Directorate or the state prosecutor's office of jurisdiction shall immediately forward notifications and possible documents about them that deal with one or more criminal offences alleged to have been committed on the territory of the Republic of Slovenia.
(2) The Ministry shall notify the Prosecutor that one or more criminal offences that are within the jurisdiction of the Court are alleged to have been committed on the territory of the Republic of Slovenia;
- if it receives notification of this as referred to in the previous paragraph, and
- if in view of data obtained from other national bodies there is an unwillingness or inability of the Republic of Slovenia to carry out an investigation or prosecution under the second or third paragraphs of Article 17 of the Statute.
(3) If the Prosecutor decides that there is no reasonable basis for the initiation of proceedings in compliance with the notification, the Ministry may request that the Pre-Trial Chamber rule on the Prosecutor's decision.

IV. EXERCISING THE JURISDICTION OF THE COURT

Article 7
(1) The General Police Directorate or the state prosecutor's office of jurisdiction shall immediately forward notifications and possible documents about them that deal with one or more criminal offences alleged to have been committed on the territory of the Republic of Slovenia.
(2) The Ministry shall notify the Prosecutor that one or more criminal offences that are within the jurisdiction of the Court are alleged to have been committed on the territory of the Republic of Slovenia;
- if it receives notification of this as referred to in the previous paragraph, and
- if in view of data obtained from other national bodies there is an unwillingness or inability of the Republic of Slovenia to carry out an investigation or prosecution under the second or third paragraphs of Article 17 of the Statute.
(3) If the Prosecutor decides that there is no reasonable basis for the initiation of proceedings in compliance with the notification, the Ministry may request that the Pre-Trial Chamber rule on the Prosecutor's decision.

Article 8
(1) After receiving an official notification from the Prosecutor that, on the basis of notifications of the Security Council on criminal offences within the jurisdiction of the Court, or on his own initiative, he has initiated an investigation, the Ministry, on the basis of data from the competent national bodies, within one month of receipt of such a notification shall inform the Court that the Republic of Slovenia is carrying out or has carried out an investigation against its own citizens or other persons under its jurisdiction and request that the Prosecutor cede the investigation to the competent bodies of the Republic of Slovenia.
(2) In a case in which the Prosecutor has ceded a matter to the competent bodies of the Republic of Slovenia, these must, at his request, regularly inform him of the course of an investigation.

I. INTRODUCTORY PROVISIONS

Article 2

(1) The meaning of terms contained in this Act:

g) »admissibility of a matter« shall mean that the Court has jurisdiction for trying a perpetrator for a criminal offence within its jurisdiction only if the state which would otherwise have had jurisdiction is unwilling or cannot in fact carry out an investigation or prosecution, or proceedings before a domestic court were intended to shield the person from criminal responsibility for crimes within the jurisdiction of the court;

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.