Person sought for different crime - consultations with the Court

Australia

Australia - ICC Act 2002 (2016)

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

Division 4—Surrender of persons


34 Ongoing Australian investigation or prosecution involving different conduct

(2) The Attorney General may, after consultation with the ICC:

(a) proceed with the execution of the request despite the Australian investigation or prosecution; or
(b) postpone the execution of the request until the Australian investigation or prosecution has been finally disposed of.

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

34 Ongoing Australian investigation or prosecution involving different conduct

(2) The Attorney-General may, after consultation with the ICC:

proceed with the execution of the request despite the Australian investigation or prosecution; or

postpone the execution of the request until the Australian investigation or prosecution has been finally disposed of.

Rome Statute

Article 89 Surrender of persons to the Court

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.