Competing request - same conduct - State not Party - international obligation

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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.
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.

States with implementing provisions

StateProvisions
Australia [1] [2] [3] [4] [5] [6]
Germany [1]
Greece [1]
Kenya [1] [2] [3] [4] [5] [6]
Mauritius [1]
New Zealand [1] [2] [3] [4] [5]
Samoa [1]
Trinidad and Tobago [1] [2] [3] [4]
Uganda [1]