Competing request - same conduct - State party - case admissible


International Criminal Court Act 2007, No.26


40. Competing requests -

(2) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the person’s surrender is made by a state which is a party to the Statute, priority shall be given to the request from the ICC if the ICC has determined under articles 18 or 19 of the Statute that the case is admissible, and where an admissibility decision is pending before the ICC, no person shall be extradited under the laws relating to extradition until the ICC makes a decision on admissibility and determines that the case is inadmissible.

Rome Statute

Article 90 Competing requests

2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:

(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.