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

Ireland

Ireland - ICC Act 2006 EN

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 25.—

(2) (c) On being so informed, the Minister shall consult the International Criminal Court and then inform the High Court either—

(i) that there is an existing ruling of the International Criminal Court in relation to the admissibility of the case, or
(ii) that that Court is considering the challenge.

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.