'Referral by State' in document 'Slovenia: Cooperation with the ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

RELEVANT ROME STATUTE PROVISIONS

Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14