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

(1) If a request for surrender of a person is made and a foreign country requests the extradition of the person for conduct other than the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney General must determine whether the person is to be surrendered or is to be extradited to the foreign country.

(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.

(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.

(4) In making the determination under subsection (3), the Attorney General must consider all relevant matters, including, but not limited to, the matters specified in subsection 39(7), but must give special consideration to the relative nature and gravity of the conduct for which surrender and extradition are sought.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


51 Refusal of assistance

(2) The Attorney General may refuse a request for cooperation:

(c) if there are competing requests from the ICC, and from a foreign country, relating to different conduct, and subsection 60(3) applies.

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance


60 Request from ICC and foreign country relating to different conduct

(1) If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to conduct other than the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney General must determine whether the request for cooperation or the request from the foreign country is to be complied with.

(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.

(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.

(4) In making a determination under subsection (3), the Attorney General must consider all relevant matters, including, but not limited to, the matters specified in subsection 59(5), but must give special consideration to the relative seriousness of the offences to which the requests relate.

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

(2) The Attorney-General may refuse a request for surrender of a person if:

there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.

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 a request for surrender of a person is made and a foreign country requests the extradition of the person for conduct other than the conduct that forms the basis of the crime for which the person’s surrender is sought, the Attorney-General must determine whether the person is to be surrendered or is to be extradited to the foreign country.

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.

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.

In making the determination under subsection (3), the Attorney-General must consider all relevant matters, including, but not limited to, the matters specified in subsection 39(7), but must give special consideration to the relative nature and gravity of the conduct for which surrender and extradition are sought.

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

51 Refusal of assistance

The Attorney-General may refuse a request for cooperation:

if there are competing requests from the ICC, and from a foreign country, relating to different conduct, and subsection 60(3) applies.

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

(1) If a request for cooperation is made and a foreign country requests assistance from Australia in respect of a matter relating to conduct other than the conduct that forms the basis of the crime to which the request for cooperation relates, the Attorney-General must determine whether the request for cooperation or the request from the foreign country is to be complied with.

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.

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.

In making a determination under subsection (3), the Attorney-General must consider all relevant matters, including, but not limited to, the matters specified in subsection 59(5), but must give special consideration to the relative seriousness of the offences to which the requests relate.

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;
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.