PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

14. Pleas of autrofois acquit and convict -

(1) Where a person is alleged to have committed an act which constitutes an offence under sections 5, 6 or 7 and that person has been tried and dealt with by a court in another state outside Samoa in respect of that offence in such a manner that, had the person been tried and dealt with in Samoa for that offence the person would have been able to plead autrofois acquit, autrofois convict or pardon, the person shall be deemed to have been so tried and dealt with.

(2) Notwithstanding anything in subsection (1), a person shall not be deemed to have been dealt with as provided for in that subsection, if the person had been tried and dealt with in a court outside Samoa and the proceedings in such court –

(a) were for the purpose of shielding that person from criminal liability; or
(b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognised by international law, and conducted in a manner that, in the circumstances, was inconsistent with an intention to bring the person to justice.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

38. Refusal of request for arrest and surrender -

(1) The Minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –

(a) the ICC has determined that the case to which the request relates is inadmissible on any ground; or

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


75. Refusal of request -

(1) The Minister shall refuse a request for assistance under this Part only if -

(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

38. Refusal of request for arrest and surrender-(1) The Minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –
(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;

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.