Practice question
Assume a State with jurisdiction is genuinely investigating the same case, is willing and able to proceed, and no contrary statutory circumstance is present. How does Article 17(1)(a) treat admissibility before the ICC?
- The case is inadmissible on that ground.
- The ICC must always replace the national investigation.
- A national investigation is legally irrelevant.
- The national investigators automatically become ICC judges.
- The State's investigation conclusively proves the accused guilty.
Legal references
- Rome Statute, Articles 1, 17, 25–27 and 127, https://legal.un.org/icc/statute/99_corr/cstatute.htm
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