Competing request - same conduct - State not Party - no international obligation - 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


39 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute

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

(a) Australia is not under an international obligation to extradite the person to the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


59 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute

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

(a) Australia is not under an international obligation to comply with the request from the foreign country; and
(b) the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

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

39 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute

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

Australia is not under an international obligation to extradite the person to the foreign country; and
the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

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

59 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute

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

Australia is not under an international obligation to comply with the request from the foreign country; and

the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

Rome Statute

Article 90 Competing requests

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.