PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Surrender and Temporary Surrender
43. (2) The Minister shall make a surrender order in respect of the person concerned unless—
(b) the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused;
PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
61. (1) If, following notification under article 90 of the Rome Statute, the ICC has determined that a case is inadmissible and the Minister subsequently refuses extradition of the person to the requesting State under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, the Minister shall notify the ICC of this decision.
(2) The obligation in this section is in addition to the requirement in section 26 for the Minister to respond formally to the request from the ICC.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.