PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender

43. (2) The Minister shall make a surrender order in respect of the person concerned unless—
(b) the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

51. (2) The Minister may refuse a request by the ICC for
the surrender of a person if—

(a) there are competing requests from the ICC and a
State that is not a party to the Rome Statute
relating to the same conduct and section 59 (4)
applies;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

57. If a request for surrender of a person is received from the ICC and one or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person's surrender, the Minister—
(a) shall notify the ICC and the requesting State of that fact; and

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

57. If a request for surrender of a person is received from the ICC and one or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person's surrender, the Minister—

(b) shall determine, in accordance with section 58 or section 59, but without regard to any provision of
the Extradition (Commonwealth Countries) Act
or the Extradition (Contiguous and Foreign Countries) Act, whether the person is to be surrendered to the ICC or to the requesting State.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

58. (1) If section 57 applies and the requesting State is a party to the Rome Statute, priority shall be given to the request from the ICC if—

(b) the ICC makes such a determination after receiving notification of the competing request.

(2) If the request is one to which subsection (1) (b) relates, then, pending the ICC's determination—
(a) the steps required to be taken under theExtradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, in relation to a
request for extradition may continue to be taken; and
(b) no person may be surrendered under the relevant Act unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.