Refusal of ICC request - competing request

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001


Art. 14 Competing requests

1 If Switzerland receives a request from the Court for the surrender of a person and a request from another State for the extradition of the same person, the Central Authority shall decide in accordance with article 90 of the Statute.

2 If Switzerland receives competing requests from the Court and from another State for a purpose other than arrest or surrender, the Central Authority shall decide in accordance with article 93 paragraph 9 of the Statute.

3 If the Central Authority has given priority to the request from the State, but if the and request is then denied, the Central Authority shall notify the Court without delay.

Rome Statute

Article 90 Competing requests

6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or 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:

(a) The respective dates of the requests;

(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and

(c) The possibility of subsequent surrender between the Court and the requesting State.

Article 93 Other forms of cooperation



(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.

(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.