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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 58
Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
- (1)
- This section applies if:
- (a)
- section 57 applies; and
- (b)
- the
foreign country is a party to the Statute.
- (2)
- Priority must be given to
the request for cooperation if:
- (a)
- the ICC has, under article 18 or 19 of
the Statute, made a determination that the case is admissible and that
determination takes into account the investigation or prosecution conducted by
the foreign country; or
- (b)
- the ICC makes such a determination after
receiving notification of the request from the foreign country.
- (3)
- If the ICC has not made a determination referred to in
subsection (2), then, pending the making of such a determination:
- (a)
- any preliminary steps required to be taken to give effect to the request from
the foreign country may continue to be taken; but
- (b)
- the request may not be
complied with unless and until the ICC makes its determination on
admissibility and determines that the case is inadmissible.
- (4)
- Paragraph (3)(b) does not apply if the ICC does not make its
determination on an expedited basis.
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