International War Crimes Tribunals Act, 1998

If judgment has already been passed for the same conduct.

26.—(1) Subject to subsection (2), a person shall not be surrendered under this Act where—

(a) final judgment has been passed in the State or in another state on that person in respect of an offence, and

(b) the conduct constituting the offence also constitutes the international tribunal crime for which his or her surrender is requested.

(2) The surrender of a person is not prohibited by this section where—

(a) the final judgment was passed in another state by a court or a tribunal other than a military tribunal established under the law of the State, and

(b) the international tribunal requesting the surrender satisfies the Minister—

(i) that the proceedings in the other state were not impartial or independent or were designed to shield the person from international criminal responsibility, or

(ii) that the case was not diligently prosecuted.