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

Germany

Germany - Cooperation with ICC 2002 EN

Part 2 Surrender of Persons

§ 4 Requests for Surrender and Requests for Extradition
(relating to Article 90 of the Rome Statute)

(6) In cases under Article 90 para. 6 and 7 (b) of the Rome Statute, the request of the Court will be given priority to the extent that, when considering all of the criteria in these provisions, the reasons in favor of approving the extradition request are not clearly predominant.

Part 2
Surrender of Persons

§ 4
Requests for Surrender and Requests for Extradition
(relating to Article 90 of the Rome Statute)

(3) If extradition has not been approved at the time of receipt of the request of the Court for surrender, the decision regarding this will be deferred conditional upon paragraph 5 until a decision regarding approval of the surrender. The decision regarding which request will be given priority will be made in accordance with Article 90 para. 2, 4, and 7 (a) of the Rome Statute.

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.