Admissibility challenge - ne bis in idem - consultations with the Court

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

57. (2) If this section applies, the Attorney General shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Statute.

Rome Statute

Article 89 Surrender of persons to the Court

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.