Liechtenstein

Liechtenstein Law of 20 October 2004 on Cooperation with the International Criminal Court and other International Tribunals

I. General Provisions

Article 5
Challenge of admissibility of proceedings before the International Criminal Court; deferral of proceedings to the International Criminal Court or an International Tribunal

(1) Should the International Criminal Court assert its jurisdiction in respect of a case, the Ministry of Justice may claim Liechtenstein jurisdiction within the meaning of Article 18 of the Rome Statute or challenge the admissibility of proceedings or the jurisdiction of the Court under Article 19 of the Rome Statute.

(2) Admissibility shall be challenged where:
(a) the person has been sentenced for or found not guilty of an act by a Liechtenstein court in an enforceable judgement in respect of the act;

(b) criminal proceedings are underway before the Liechtenstein public prosecutor or a Liechtenstein court either on account of an act committed in Liechtenstein or by a Liechtenstein national or of a request from the International Criminal Court for arrest and surrender or for the provision of judicial assistance, except where priority should be given to the pursuit of criminal proceedings by the International Criminal Court in consideration of particular circumstances, especially in order to establish the truth or the relation to other crimes giving rise to proceedings before the Court; or

(c) proceedings were already underway before the public prosecutor or a court in Liechtenstein on account of the act and were suspended on other than strictly procedural grounds.

(3) In order to enable challenges of jurisdiction, the public prosecutor shall notify the Ministry of Justice of any ongoing cases involving crimes within the jurisdiction of the International Criminal Court.

(4) A decision by the International Criminal Court on the admissibility of a case may be challenged within five days by the Ministry of Justice by application lodged with the Court.

(5) Where the admissibility of a case before the International Criminal Court or the Court’s jurisdiction over it goes unchallenged, if the International Criminal Court definitively confirms that it has jurisdiction, or if an International Tribunal has made a formal request for the deferral of criminal proceedings for crimes within its jurisdiction, the princely court shall take all measures required to secure the person and evidence and shall temporarily suspend proceedings and provide the Ministry of Justice with a full photocopy of the case file for its transmission to the International Criminal Court or International Tribunal. When evidence is enclosed and there is no need to return it, this should be indicated.

(6) The Liechtenstein criminal proceedings shall be closed following a definitive decision by the International Criminal Court or International Tribunal. The case may be reopened however subsequent to an application by the public prosecutor following a court ruling, if:

(a) the Prosecutor of the International Criminal Court or International Tribunal decides not to proceed with an indictment or drops the charges;

(b) upon review, the International Criminal Court or International Tribunal rejects the indictment;

(c) the International Criminal Court determines it does not have jurisdiction or that the case is inadmissible, or the International Tribunal determines it does not have jurisdiction.

Keywords

Admissibility challenge



EDIT.