PART IV
ARREST AND SURRENDER OF PERSON TO ICC
38. Refusal of request for arrest and surrender -
(2) The Minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if –
(a) there is a competing request from one or more States not party to the Statute for the extradition of the person for the same conduct as that which constitutes the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 40; or
(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 40.
PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
75. Refusal of request -
(2) The Minister may refuse a request for assistance under this Part of this Act only if -
(a) there are competing requests for assistance from the ICC and a state and the Minister has decided, in consultation with the ICC and the state, that it is not possible to execute both requests and has decided further to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 40; or
PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
75. Refusal of request-
(2) The Minister may refuse a request for assistance under this Part of this Act only if -
(a) there are competing requests for assistance from the ICC and a state and the Minister has decided, in consultation with the ICC and the state, that it is not possible to execute both requests and has decided further to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 40;
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.
(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.