Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 2: Extradition of Criminals 357-368
Article 358
Extradition is not permitted in the following circumstances:
1. If the offence for which the extradition is requested is a political or military offence under Iraqi law;
2. If the offence could be tried before the Iraqi courts in spite of occurring abroad; 3. If the person who is the subject of the request for extradition is pending investigation or trial inside Iraq for the same offence or if a verdict of guilty or not guilty has been passed on him or if an Iraqi court or an investigative judge has ruled that he should be released or if the criminal proceedings have expired under the terms of Iraqi law or of the law of the state requesting his extradition;
4. If the person requested is of Iraqi nationality.
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.