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

'Competing request - different conduct' in document 'Kenya - International Crimes Act'

Jump to:

More information about the keyword 'Competing request - different conduct'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

60. (1) If a request for surrender of a person is to 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 Minister shall determine whether the person is to be surrendered to the ICC or to the requesting State.

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.