Part 2 Surrender of Persons

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

(5) In a case under Article 90 para. 5 of the Rome Statute, if the Court has not decided on permissibility within two months after the notification pursuant to Article 90 para. 1 of the Rome Statute, a decision may be made regarding approval of the extradition when the other prerequisites are met.

Part 2
Surrender of Persons

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

(3) If extradition has not been approved at the time of receipt of the request of the Court for surrender, the decision regarding this will be deferred conditional upon paragraph 5 until a decision regarding approval of the surrender. The decision regarding which request will be given priority will be made in accordance with Article 90 para. 2, 4, and 7 (a) of the Rome Statute.

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.

This provision is narrower than the ICC Statute.

The German Law on Cooperation provides that the decision on extradition is deferred until State decides whether to approve surrender to ICC, not until the ICC decides whether the case is admissible or not. It seems that if the State has already approved the extradition when it receives a request for surrender to the ICC, the State might procede with the extradition of the suspect, while the Rome Statute requests the State to suspend the extradition until the ICC has decided on admissibility.