'Notification of competing request' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 Surrender of Persons

ยง 4 Requests for Surrender and Requests for Extradition
(relating to Article 90 of the Rome Statute)

(1) If a foreign state requests extradition of a person on the basis of a criminal act over which the Court has jurisdiction, the Court may be informed of the submission of the request. Upon request, the Court will be given a copy of the extradition request and the accompanying documents, when the foreign state does not object to the transmittal and the transmittal does not contradict other international law agreements.

RELEVANT ROME STATUTE PROVISIONS

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.

ANALYSIS

This provision follows the ICC Statute.