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

Republic of Mauritius

Mauritius - ICC Act 2011 EN

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(4)

(iv) the person concerned has already been tried for the conduct which led to the institution of the enquiry

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.