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'Deferral of case by ICC to State' in document 'Austria: Cooperation with the ICC'

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The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court

1. Should the International Criminal Court assert its jurisdiction in respect of a case, the Federal Minister of Justice may claim Austrian jurisdiction within the meaning of Article 18 of the Statute or challenge the admissibility of proceedings or the jurisdiction of the Court under Article 19 of the Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.