Notification of competing request

Australia

Australia - ICC Act 2002 (2016)

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

Division 4—Surrender of persons


37 Request from ICC and a foreign country relating to same conduct

If a request for surrender of a person is made and a foreign country requests the extradition of the person for the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney General:

(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 38 or 39, whether the person is to be surrendered or is to be extradited to the foreign country.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


57 Request from ICC and a foreign country relating to same conduct

If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney General:

(a) must notify the ICC and the foreign country of that fact; and
(b) must determine, in accordance with section 58 or 59, whether the request for cooperation or the request from the foreign country is to be complied with.

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

37 Request from ICC and a foreign country relating to same conduct

If a request for surrender of a person is made and a foreign country requests the extradition of the person for the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney-General:

must notify the ICC and the foreign country of that fact; and

must determine, in accordance with section 38 or 39, whether the person is to be surrendered or is to be extradited to the foreign country.

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

57 Request from ICC and a foreign country relating to same conduct

If a request for cooperation is made and a foreign country requests assistance from Australia in
respect of a matter relating to the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney-General:

must notify the ICC and the foreign country of that fact; and

must determine, in accordance with section 58 or 59, whether the request for cooperation or the request from the foreign country is to be complied with.

Rome Statute

Article 90 Competing requests

1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.