Competing request - same conduct

New Zealand

New Zealand - International Crimes and International criminal Court Act 2000 (2021) EN

61 Request from ICC and other State relating to same conduct

If a request for surrender of a person is received from the ICC and 1 or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person’s surrender, the Minister—

(a) must notify the ICC and the requesting State of that fact:
(b) must determine, in accordance with section 62 or section 63, but despite section 99 of the Extradition Act 1999, whether the person is to be sur‐ rendered to the ICC or to the requesting State.

Rome Statute

Article 90 Competing requests

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.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.