Competing request - different conduct - international 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

(3) If Australia is under an international obligation to extradite the person to the foreign country, the Attorney General must determine whether to surrender the person or to extradite the person to the foreign country.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


60 Request from ICC and foreign country relating to different conduct

(3) If Australia is under an international obligation to comply with the request from the foreign country, the Attorney General must determine 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

40 Request from ICC and foreign country relating to different conduct

If Australia is under an international obligation to extradite the person to the foreign country, the Attorney-General must determine whether to surrender the person or to extradite the person 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

56 Competing requests

(1) If a request for cooperation is made and a foreign country makes a request for assistance to which Australia is under an international obligation to respond, the Attorney-General must, after consultation with the ICC and that country, try to comply with both requests.

(2) For the purposes of subsection (1), the Attorney-General may do either or both of the following:

postpone the execution of either of the requests;

attach conditions to the provision of assistance under either or both of the requests.

(3) If it is not possible to resolve the issue by consultation, the method of dealing with the requests must be resolved in accordance with sections 57 to 61.

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 under an international obligation to comply with the request from the foreign country, the Attorney-General must determine whether the request for cooperation or the request from the foreign country is to be complied with.

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:

(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.