Competing request - different conduct - no obligation to extradite

Australia

Australia - ICC Act 2002 (2016)

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

Division 4—Surrender of persons


40 Request from ICC and foreign country relating to different conduct

(2) If Australia is not under an international obligation to extradite the person to the foreign country, priority must be given to the request from the ICC.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


60 Request from ICC and foreign country relating to different conduct

(2) If Australia is not under an international obligation to comply with the request from the foreign country, priority must be given to the request 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 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

40 Request from ICC and foreign country relating to different conduct

If Australia is not under an international obligation to extradite the person to the foreign country, priority must be given to the request from the ICC.

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

60 Request from ICC and foreign country relating to different conduct

If Australia is not under an international obligation to comply with the request from the foreign country, priority must be given to the request for cooperation.

Rome Statute

Article 90 Competing requests

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;