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

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

41. Competing requests.

(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.

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

41. Competing requests.

(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.

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

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.