Competing request - same conduct - State party - case admissible

Australia

Australia - ICC Act 2002 (2016)

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

Division 4—Surrender of persons


38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(2) Priority must be given to the request from the ICC if:

(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country in respect of its request for extradition; or
(b) the ICC makes such a determination after receiving notification of the request for extradition from the foreign country.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


58 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(2) Priority must be given to the request for cooperation if:

(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country; or
(b) the ICC makes such a determination after receiving notification of the request from 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 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(2) Priority must be given to the request from the ICC if:

(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country in respect of its request for extradition; or

(b) the ICC makes such a determination after receiving notification of the request for extradition from the foreign country.

Rome Statute

Article 90 Competing requests

2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:

(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.