Notification of competing request

Independent State of Samoa

International Criminal Court Act 2007, No.26

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

40. Competing requests -

(1) Where a request for arrest and surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct as that which constitutes the crime for which ICC seeks the person’s surrender, the Minister –

(a) shall notify ICC and the requesting state of that fact; and
(b) shall determine whether the person is to be surrendered to the ICC or to the requesting state.

Rome Statute

Article 90 Competing requests

1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.