PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on surrender
57.
Previous proceedings against person sought—
(1)This section applies if the person whose surrender is sought alleges that—
(a)the case is one to which article 20(1) of the Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or
(b)the person has been tried by another court for conduct also proscribed under article 6, 7, or 8 of the Statute and the case is not one to which paragraphs (a) and (b) of article 20(3) of the Statute applies.
(2)If this section applies, the Minister must immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Statute.
(3)If the ICC has ruled that the case is admissible, surrender cannot be refused on the ground there have been previous proceedings.
(4)If the ICC has ruled that the case is inadmissible under article 20 of the Statute, surrender must be refused on the ground that there have been previous proceedings.
(5)If an admissibility ruling is pending, the Minister may postpone the execution of a request until the ICC has made a determination on admissibility.
Cf Statute, articles 20(1) and (3), 89(2)
Admissibility challenge
Ne bis in idem
Ne bis in idem - ICC
Ne bis in idem - State's own court
Admissibility challenge - ne bis in idem
EDIT.