Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

26. Custody pending surrender and orders for surrender
2. Should there be significant doubts as to the identity of the person arrested, the investigating judge shall order appropriate investigations or ask the International Criminal Court to submit additional information. In any event, the investigating judge shall inform the accused person of the grounds of the warrant of arrest issued against him or her by the International Criminal Court and about his or her rights to challenge the surrender on account of a violation of the principle of “ne bis in idem” in article 20 of the Statute or of a lack of jurisdiction on the part of the International Criminal Court pursuant to articles 17 to 19 of the Statute. In addition, the person shall be informed of his or her right, pending a surrender order, to apply for interim release. The accused person shall be provided with copies (photocopies) of the arrest warrant or of the relevant allegations and provisions of the Statute together with the translations of them provided by the International Criminal Court.
3. Should the accused person wish to challenge the surrender on account of a violation of article 20 of the Statute or a lack of jurisdiction on the part of the International Criminal Court, the International Criminal Court shall be informed thereof and be provided with the requisite documents. Concurrently, the Court shall be notified of whether the challenge has a suspensive effect.
4. The decision on surrender shall be deferred only in the event of a challenge of admissibility pursuant to paragraph 5(2) above until a decision by the International Criminal Court has been taken. In the event of a challenge to the jurisdiction of the Court pursuant to articles 17 to 19 of the Statute by a third country, the procedure in paragraph 28 below shall apply.

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.