Competing request - same conduct - State not Party - no international obligation - case admissible

Samoa

International Criminal Court Act 2007, No.26

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

40. Competing requests -

(3) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the persons surrender is made by a state which is not a party to the Statute, priority shall be given to the request for arrest and surrender from the ICC, if Samoa is not under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

Rome Statute

Article 90 Competing requests

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.