PART IV
ARREST AND SURRENDER OF PERSON TO ICC

40. Competing requests -

(4) 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 not a party to the Statute and Samoa 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 including but not limited to, the respective dates of the requests, the interests of the requesting state including, where relevant, whether the crime was committed in its territory, the nationality of the victims and the person sought to be extradited, and the possibility of subsequent surrender between the ICC and the requesting state.

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.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.