Refusal of ICC request - competing request

Republic of Trinidad and Tobago

Extradition (Commonwealth and Foreign Territories) Act

Extradition (Commonwealth and Foreign Territories)




16. Order for return.

(5) The Attorney General may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any territory if another request for his return under this Act has been made on behalf of another territory and it appears to the Attorney General, having regard to all the circumstances of the case and in particular—
(a) the relative seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the person concerned and his ordinary residence,
that preference should be given to the other request.

(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.

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.