Competing request - different conduct - international obligation to extradite

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (2) The Minister may refuse a request by the ICC for the surrender of a person if—

(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) applies.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

64.
(3) If Trinidad and Tobago is under an existing international obligation to extradite the person to the requesting State, the Attorney General shall determine whether to surrender the person to the ICC or to extradite the person to the requesting State.

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:

(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.