PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
62. (2) If the request is one to which subsection (1)(b) relates, then, pending the ICC’s determination no person may be surrendered under that Act unless the ICC makes its decision on admissibility and determines that the case is inadmissible.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
62. (1) If section 61 applies and the requesting State is a party to the Statute, priority must be given to the request from the ICC if—
(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case
in respect of which surrender is sought is admissible and that the determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) the ICC makes such a determination after receiving notification of the competing request.
(2) If the request is one to which subsection (1)(b) relates, then, pending the ICC’s determination no person may be surrendered under that Act unless the ICC makes its decision on admissibility and determines that the case is inadmissible.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.