Admissibility challenge - ne bis in idem

Republic of Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002


Article 8
(3) If after receipt of notification that in compliance with the third paragraph of Article 20 of the Statute the Court has initiated a proceeding in the same matter and against the same persons as a domestic court, the Republic of Slovenia shall not challenge the admissibility of the matter or the jurisdiction of the Court in accordance with the provisions of Chapter V of this Act, and the domestic court shall issue a ruling by which it dismisses the charges and if a charge has not yet been brought, a ruling by which investigation is stayed.


Article 9
(2) The admissibility of a matter or the jurisdiction of the Court shall be challenged in cases in which the matter is being investigated or prosecuted by the competent bodies of the Republic of Slovenia, or when the charge of the Court refers to a person who has been acquitted or convicted with a final judgement in the Republic of Slovenia, or the criminal proceeding against him has been stayed by final decision or the charge against him has been dismissed with a final decision, and it is not a case in which trial by the Court would be allowed under the third paragraph of Article 20 of the Statute.

Rome Statute

Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case

2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;

(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

Article 20 Ne bis in idem

1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.

3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

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.