Belgium

Act of 5 August 2003 on Serious Violations of International Humanitarian Law

CHAPTER VI MISCELLANEOUS PROVISIONS
Article 28
Without prejudice to the application of the Act of 22 March 1996 on the recognition of the International Tribunal for the former Yugoslavia and the International Tribunal for Rwanda, and cooperation with those tribunals, the Minister of Justice may acquaint the International Criminal Court with the facts relative to offences specified in Book II, Title I bis of the Criminal Code which have been referred to the judicial authorities, following a decision discussed by the Cabinet.
Once the Prosecutor has given the notification provided for in article 18, paragraph 1 of the Statute in respect to the facts brought to the attention of the Court by the Minister of Justice, the Court of Cassation, on application by the Principal Crown Prosecutor, shall pronounce the deferral of the Belgian court seized of the same facts.
Where the Court, at the request of the Minister of Justice, after the deferral of the Belgian court, states that the Prosecutor of the Court has decided not to produce an indictment or that the Court has not confirmed an indictment, or has deemed it does not have jurisdiction or that the case is inadmissible, the Belgian courts shall once again have jurisdiction.

Keywords

Complementarity



EDIT.