Competing request - same conduct

Mauritius

International Criminal Court Act 2011

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(4)

(c) In case of competing requests between the International Criminal Court and another State, the matter shall be settled in accordance with Article 90 of the Statute

Rome Statute

Article 90 Competing requests

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

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.