Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
31 Refusal of surrender
(1) The Attorney General must refuse a request for surrender of a person if the ICC determines that the case is inadmissible and subsection 33(4), 35(3) or 36(3) applies.
(2) The Attorney General may refuse a request for surrender of a person if:
(a) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 39(6) applies; or
(b) there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to different conduct, and subsection 40(3) applies.
(3) The restrictions on extradition specified in the Extradition Act 1988 do not apply in relation to a request for surrender of a person.
Refusal of ICC request
Obligations towards the sending State
Refusal of ICC request - competing request
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