PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (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 Statute relating to the same conduct and section 63(4) applies; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

61. 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 Attorney General shall—
(a) notify the ICC and the requesting State of that fact; and
(b) determine, in accordance with section 62 or 63, whether the person is to be surrendered to the ICC or to the requesting State.

62. (1) If section 61 applies and the requesting State is a party to the Statute, priority must be given to the request from the ICC if—
(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case

in respect of which surrender is sought is admissible and that the determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(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 no person may be surrendered under that Act unless the ICC makes its decision on admissibility and determines that the case is inadmissible.

63. (1) If section 61 applies and the requesting State is not a party to the Statute, priority must be given to the request for surrender from the ICC if—
(a) Trinidad and Tobago is under an international obligation to extradite the person to the requesting State; and
(b) the ICC has determined under articles 18 and 19 of the Statute that the case is admissible.
(2) If section 61 applies and the requesting State is not a party to the Statute, the request for extradition may continue to be dealt with if—
(a) Trinidad and Tobago is not under an international obligation to extradite the person to the requesting State; and
(b) the ICC has not yet determined under articles 18 and 19 of the Statute that the case is admissible.
(3) Notwithstanding subsection (2), for the purposes of this Act, no person may be surrendered under the Trinidad and Tobago law relating to extradition, unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.

(4) If section 61 applies, the requesting State is not a party to the Statute, and Trinidad and Tobago is under an international obligation to extradite the person to the requesting State, the Attorney General shall determine whether to surrender the person to the ICC or extradite the person to the requesting State.
(5) In making the determination under subsec¬tion (4), the Attorney General shall consider all the relevant factors including, without limitation—
(a) the respective dates of the requests;
(b) the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) the possibility of subsequent surrender between the ICC and the requesting State.

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.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.