Spans in 'Kenya - International Crimes Act' tagged with 'Competing request - same conduct

'Competing request - same conduct - State not Party' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Competing request - same conduct - State not Party'
More information about the document 'Kenya - International Crimes 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 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;

RELEVANT ROME STATUTE PROVISIONS

Article 90
Competing requests
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.