Spans in 'Liechtenstein: Cooperation with the ICC ' tagged with 'Admissibility challenge - ne bis in idem

'Admissibility challenge - ne bis in idem - consultations with the Court' in document 'Liechtenstein: Cooperation with the ICC '

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More information about the keyword 'Admissibility challenge - ne bis in idem - consultations with the Court'
More information about the document 'Liechtenstein: Cooperation with the ICC '
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

II. Specific provisions

D. Custody pending surrender, surrender and transit

Custody pending surrender and orders for surrender

Article 27
(a) at the request of the International Criminal Court

(2) Should there be significant doubts as to the identity of the person arrested, the judge of the princely court shall order appropriate investigations or ask the International Criminal Court to submit additional information. In any event, the judge of the princely court 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 Rome Statute or of a lack of jurisdiction on the part of the International Criminal Court pursuant to articles 17 to 19 of the Rome 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 Rome 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 Rome 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.

RELEVANT ROME STATUTE PROVISIONS

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.