PART IV
ARREST AND SURRENDER OF PERSON TO ICC
40. Competing requests -
(1) Where a request for arrest and surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct as that which constitutes the crime for which ICC seeks the person’s surrender, the Minister –
(a) shall notify ICC and the requesting state of that fact; and
(b) shall determine whether the person is to be surrendered to the ICC or to the requesting state.
(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.
(3) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the persons surrender is made by a state which is not a party to the Statute, priority shall be given to the request for arrest and surrender from the ICC, if Samoa is not 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.
(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.
(5) Where a request for arrest and surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crime for which ICC seeks the person’s surrender, priority shall be given to the request from the ICC if Samoa is not under an international obligation to extradite the person to any requesting state.
(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crime for which ICC seeks the person’s surrender, and Samoa is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state taking into consideration all the relevant factors referred to in subsection (4) as well as the relative nature and gravity of the conduct in question.
EDIT.