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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court
2. Admissibility shall be challenged where:
(2) criminal proceedings are underway before an Austrian public prosecutor or an Austrian court either on account of an act committed in Austria or by an Austrian national or of a request from the International Criminal Court for arrest and surrender or for the provision of judicial assistance, except where priority should be given to the pursuit of criminal proceedings by the International Criminal Court in consideration of particular circumstances, especially in order to establish the truth or the relation to other crimes giving rise to proceedings before the Court; or

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.