Competing request - different conduct - no obligation to extradite

New Zealand

International Crimes and International Criminal Court Act 2000

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

64.
Request from ICC and other State relating to different conduct—

(2)If New Zealand is not under an existing international obligation to extradite the person to the requesting State, priority must be given to the request from the ICC.

Rome Statute

Article 90 Competing requests

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;