Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

27. Refusal of request for arrest and surrender.

(2) The minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if –

(a) there is a competing request for extradition from one or more States not party to the Statute for the person for the same conduct which forms the basis of the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 41; or
(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite is made in accordance with article 90 of the Statute and section 41.

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

41. Competing requests.
(1) Where a request for surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct that forms the basis of the crime for which ICC seeks the person’s surrender, the Minister –

(a) shall notify ICC and the requesting state of that fact; and

(b) shall determine whether the person is to be surrendered to ICC or to the requesting state.

(2) Where the requesting state is a party to the Statute, priority shall be given to the request from the ICC if the ICC has determined under articles 18 or 19 of the Statute that the case is admissible; and where an admissibility decision is still pending, no person may be extradited under the Extradition Act until the ICC makes a decision on admissibility and determines that the case is inadmissible.

(3) Where the requesting state is not a party to the Statute, priority shall be given to the request for surrender from the ICC, if Uganda is not under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

(4) Where the requesting state is not a party to the Statute and Uganda is under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible, the Minister shall determine whether the person is to be surrendered to the ICC or extradited taking into consideration all the relevant factors referred to in article 90(6) of the Statute.

(5) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crimes for which ICC seeks the person’s surrender, priority shall be given to the request from the ICC if Uganda is not under an international obligation to extradite the person to any requesting state.

(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than conduct which constitutes the crimes for which ICC seeks the person’s surrender, if Uganda is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state in accordance with article 90(7) of the Statute.

Part V – Domestic Procedures for Other Types of Co-operation

60. Refusal of request.

(2) The Minister may refuse a request for assistance under this Part only if –

(a) there are competing requests for assistance from the ICC and a state and the Minister has decided to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 41; or

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(1) The Minister may postpone the execution of a request for assistance under this Part only if –

(d) there are competing requests for assistance from ICC and a state, and the Minister in consultation with ICC and the state decides to postpone the execution of the ICC’s request.

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(5) If the execution of the request for assistance is postponed under subsection (1)(d), the Minister shall proceed with the execution of the ICC’s request as soon as practicable.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
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.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or 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:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
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;
(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.
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.