Part 2 Surrender of Persons
§ 3 Requests for Surrender and Earlier Criminal Proceedings Before the Court or in a Foreign State
(relating to Article 89 para. 2 sentence 1 of the Rome Statute)
During the surrender proceedings, if the suspect makes a statement that he has already been convicted or acquitted by the Court or a court in another state of the criminal act that is the basis of the surrender request from the Court, the office to which the statement was made by the suspect, notwithstanding § 68 para. sentence 3 and 4, shall immediately inform the public prosecution office attached to the Higher Regional Court. The Higher Regional Court shall temporarily stay the surrender proceedings in accordance with Article 89 para. 2 sentence 3 of the Rome Statute, until the Court reaches a decision regarding permissibility. The suspect will not be surrendered when the Court rules that the implementation of a criminal proceeding is not permissible.
Admissibility challenge
Ne bis in idem - foreign court
Ne bis in idem - ICC
Admissibility challenge - ne bis in idem
Admissibility challenge - ne bis in idem - consultations with the Court
Postponement - admissibility challenge
EDIT.