Australia

International Criminal Court Act (2002), No. 41, 2002

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


58 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(1) This section applies if:

(a) section 57 applies; and
(b) the foreign country is a party to the Statute.

(2) Priority must be given to the request for cooperation if:

(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country; or
(b) the ICC makes such a determination after receiving notification of the request from the foreign country.

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

(a) any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but
(b) the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

Keywords

Competing request - same conduct - State party
Competing request - same conduct - State party - pending admissibility decision



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