Competing request - case inadmissible - notification of decision

Independent State of Samoa

International Criminal Court Act 2007, No.26

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

38. Refusal of request for arrest and surrender -

(3) If the Minister decides to refuse a request for arrest and surrender in accordance with subsection (1) or (2) after the Minister has transmitted a request under section 36, the Minister shall notify the Judge who shall cancel any warrant or delivery order issued by the Judge and ensure the person’s release from custody or conditions prescribed in relation to bail arising from that warrant or order.

Rome Statute

Article 90 Competing requests

Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.