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

'Competing request - case inadmissible - notification of decision' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Competing request - case inadmissible - notification of decision'
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

61. (1) If, following notification under article 90 of the Rome Statute, the ICC has determined that a case is inadmissible and the Minister subsequently refuses extradition of the person to the requesting State under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, the Minister shall notify the ICC of this decision.

(2) The obligation in this section is in addition to the requirement in section 26 for the Minister to respond formally to the request from the ICC.

RELEVANT ROME STATUTE PROVISIONS

Article 90
Competing requests
8. 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.