Competing request - different conduct - international obligation to extradite

Greece

Greece - Adaptation of internal law to ICC Statute 2011 EN

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 20

4. In case of competing requests for surrender to the ICC or to another court or to another
State requesting extradition or on the basis of a European arrest warrant, the provisions of art. 90 of the Statute of the ICC, which was ratified with Law. 3003/2002, shall apply.

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.