PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

63.
Procedure where competing request from non-State Party—

(1)If section 61 applies and the requesting State is not a party to the Statute, priority must be given to the request for surrender from the ICC if—

(a)New Zealand is not under an international obligation to extradite the person to the requesting State; and

(b)the ICC has determined under article 18 or article 19 of the Statute that the case is admissible.

(2)If section 61 applies and the requesting State is not a party to the Statute, the request for extradition may continue to be dealt with if—

(a)New Zealand is not under an international obligation to extradite the person to the requesting State; and

(b)the ICC has not yet determined under article 18 and article 19 of the Statute that the case is admissible.

(3)Despite subsection (2), no person may be surrendered under the Extradition Act 1999 unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.