View:
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.
Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or
challenges to the jurisdiction of the Court shall be referred to the Pre-Trial
Chamber. After confirmation of the charges, they shall be referred to the
Trial Chamber. Decisions with respect to jurisdiction or admissibility may be
appealed to the Appeals Chamber in accordance with article 82.
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.
Article 82
Appeal against other decisions
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
| State | Provisions |
| Austria | [1] |