Obligations towards the sending State

Australia

Australia - ICC Act 2002 (2016)

Part 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons


31 Refusal of surrender

(1) The Attorney General must refuse a request for surrender of a person if the ICC determines that the case is inadmissible and subsection 33(4), 35(3) or 36(3) applies.

(2) The Attorney General may refuse a request for surrender of a person if:

(a) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies; or
(b) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.

(3) The restrictions on extradition specified in the Extradition Act 1988 do not apply in relation to a request for surrender of a person.

Part 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons


32 Postponement of execution of request for surrender

(1) The Attorney General may postpone the execution of a request for surrender of a person for a crime within the jurisdiction of the ICC at any time before the person is surrendered if, and only if:

(c) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


52 Postponement of execution of request

(1) The Attorney General may postpone the execution of a request for cooperation if, and only if:

(e) the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

12 Request that may raise problems relating to Australia’s international obligations to a foreign country

(1) This section applies where the Attorney-General consults with the ICC because the execution of a request for cooperation may raise problems relating to Australia’s obligations to a foreign country under international law or international agreements as mentioned in article 98 of the Statute.

(2) If, after the consultation, the Attorney-General is satisfied that the execution of the request would not conflict with any of those obligations, the Attorney-General must sign a certificate stating that the execution of the request does not conflict with any of those obligations.

(3) A certificate signed under subsection (2) is conclusive evidence of the matters stated in the certificate.

(4) If, after the consultation, the Attorney-General is not satisfied as mentioned in subsection (2), the Attorney-General must postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

31 Refusal of surrender

(1) The Attorney-General must refuse a request for surrender of a person if the ICC determines that the case is inadmissible and subsection 33(4), 35(3) or 36(3) applies.

(2) The Attorney-General may refuse a request for surrender of a person if:

there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies; or

there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.

(3) The restrictions on extradition specified in the Extradition Act 1988 do not apply in relation to a request for surrender of a person.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

32 Postponement of execution of request for surrender

(1) The Attorney-General may postpone the execution of a request for surrender of a person for a crime within the jurisdiction of the ICC at any time before the person is surrendered if, and only if:

the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 3—Restrictions on provision of assistance

52 Postponement of execution of request

52 Postponement of execution of request

(1) The Attorney-General may postpone the execution of a request for cooperation if, and only if:

the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.