Spans in 'Trinidad&Tobago - ICC Act' tagged with 'Competing request

'Competing request - different conduct' in document 'Trinidad&Tobago - ICC Act'

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More information about the keyword 'Competing request - different conduct'
More information about the document 'Trinidad&Tobago - ICC Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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—

(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) applies.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

64. (1) If a request for surrender of a person is received from the ICC and a request for the extradition of that person is received from one or more States for conduct other than that which constitutes the crime for which the ICC seeks the person’s surrender, the Attorney General shall determine whether the person is to be surrendered to the ICC or to the requesting State.
(2) If Trinidad and Tobago is not under an existing international obligation to extradite the person to the requesting State, priority must be given to the request from the ICC.
(3) If Trinidad and Tobago is under an existing international obligation to extradite the person to the requesting State, the Attorney General shall determine whether to surrender the person to the ICC or to extradite the person to the requesting State.
(4) In making the determination under subsection (3), the Attorney General shall consider all the relevant factors, including, without limitation, those matters specified in section 63 of this Act but must give special consideration to the relative seriousness of the offences for which surrender is sought.

RELEVANT ROME STATUTE PROVISIONS

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.