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;
Competing request - same conduct - State not Party
EDIT.