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

Division 4—Surrender of persons


38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

(a) the steps required to be taken under the Extradition Act 1988 in relation to a request for extradition may continue to be taken; but
(b) no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


58 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(1) This section applies if:

(a) section 57 applies; and
(b) the foreign country is a party to the Statute.

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

(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country; or
(b) the ICC makes such a determination after receiving notification of the request from the foreign country.

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

(a) any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but
(b) the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

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

35 Person being investigated or prosecuted in Australia for same conduct

(1) This section applies if:

(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Statute.

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

38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

the steps required to be taken under the Extradition Act 1988 in relation to a request for extradition may continue to be taken; but

no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

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

58 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but

the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

Article 90
Competing requests
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.