Competing request - different conduct - international obligation to extradite


The International Criminal Court Act 2010

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

41. Competing requests.

(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than conduct which constitutes the crimes for which ICC seeks the person’s surrender, if Uganda is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state in accordance with article 90(7) of the Statute.

Rome Statute

Article 90 Competing requests

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to 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 those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.