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

'Competing request - same conduct - State not Party' in document 'Samoa: ICC Act'

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More information about the keyword 'Competing request - same conduct - State not Party'
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

38. 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 from one or more States not party to the Statute for the extradition of the person for the same conduct as that which constitutes 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 40;

RELEVANT ROME STATUTE PROVISIONS

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.