Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
Every person shall be tried only by a court that has jurisdiction over the case.
Chapter III
Jurisdiction of the International Court
Article 6. Determination of jurisdiction and jurisdictional disputes
1. the International Court shall have the jurisdiction over crimes committed on the territory of Georgia and falling within the subject-matter jurisdiction of the International Court according to the Statute. If the International Court considers that it has jurisdiction over a specific offence, the Responsible Agency may, after consulting with prosecution bodies determined by the Georgian Code of Criminal Procedure, accept the request of International Court or challenge the jurisdiction of the International Court in accordance with Article 19 of the Statute.
2. If the Responsible Agency does not challenge the jurisdiction of the International Court or, having examined the matter, it arrives at the conclusion that jurisdiction of the International Court shall prevail, all the relevant materials of the case shall be forwarded to the International Court. The forwarding of materials to the International Court shall result in suspension of proceedings taking place in the appropriate state authority.
3. A decision on challenging the jurisdiction of the International Court is not subject to appeal.
Chapter V
Surrender of a person to the International Court
Article 20. Legal grounds of surrender
1. A person shall be surrendered to the International Court if from the request and the accompanying materials it derives that the act committed is within the jurisdiction of the International Court.
Chapter 5 Surrender of a person to the International Court
Article 26
Rights of a person subject to surrender
2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a. challenge the jurisdiction of the International Court;
Chapter 5 Surrender of a person to the International Court
Article 26
Rights of a person subject to surrender
2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a. challenge the jurisdiction of the International Court;
Chapter 8 Execution of Decision of the International Court
Article 45
Conditions for execution of decisions of the International Court
1. At the request of the International Court, decision which entered into force may executed in Georgia if the convicted person is a citizen of Georgia and/or permanent resident of Georgia and/or his property is on the territory of Georgia.
2. A sentence by the international Court imposing pecuniary penalties may be executed in Georgia also if the person has a permanent residence abroad but his property is on the territory of Georgia.
3. Decisions of the International Court shall be executed pursuant to procedures, of the Law of Georgia on Imprisonment, law of Georgia on punishment execution proceedings or the Law of Georgia on Execution of Non-imprisonment Sentences and Probation.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.