Competing request - case inadmissible - notification of decision

Australia

Australia - ICC Act 2002 (2016)

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

Division 4—Surrender of persons


41 Notification of decision on extradition to foreign country

(1) If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney General subsequently refuses to extradite the person to the foreign country under the Extradition Act 1988, the Attorney General must notify the ICC of the refusal.

(2) The obligation in this section is in addition to the requirement of section 14 for the Attorney General to respond formally to the request from the ICC.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


61 Notification to ICC of decision refusing request by foreign country

(1) If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney General subsequently refuses the request for assistance from the foreign country, the Attorney General must notify the ICC of the refusal.

(2) The obligation in this section is in addition to the requirement of section 14 for the Attorney General to respond formally 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

41 Notification of decision on extradition to foreign country

If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney-General subsequently refuses to extradite the person to the foreign country under the Extradition Act 1988, the Attorney-General must notify the ICC of the refusal.

The obligation in this section is in addition to the requirement of section 14 for the Attorney-General to respond formally 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

61 Notification to ICC of decision refusing request by foreign country

If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Attorney-General subsequently refuses the request for assistance from the foreign country, the Attorney-General must notify the ICC of the refusal.

The obligation in this section is in addition to the requirement of section 14 for the Attorney-General to respond formally to the request for cooperation.

Rome Statute

Article 90 Competing requests

Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.