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

'Competing request - different conduct - international obligation to extradite' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Competing request - different conduct - international obligation to extradite'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
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—
(b) there are competing requests from the ICC and a
State that is not a party to the Rome Statute
relating to different conduct and section 60 (3) applies.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

60.

(3) If Kenya is under an existing international obligation to extradite the person to the requesting State, the Minister 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 Minister shall consider all the relevant factors, including those matters specified in section 59, but shall give special consideration to the relative seriousness of the offences for which surrender is sought.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—

(c) there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114 (2) (a) applies;

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:
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.