Spans in 'Samoa: ICC Act' tagged with 'Competing request - same conduct - State party

'Competing request - same conduct - State party - pending admissibility decision' in document 'Samoa: ICC Act'

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More information about the keyword 'Competing request - same conduct - State party - pending admissibility decision'
More information about the document 'Samoa: ICC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

40. Competing requests -

(2) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the person’s surrender is made by a state which 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 pending before the ICC, no person shall be extradited under the laws relating to extradition until the ICC makes a decision on admissibility and determines that the case is inadmissible.

RELEVANT ROME STATUTE PROVISIONS

Article 90
Competing requests
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.