Australia

International Criminal Court Act (2002), No. 41, 2002

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.

Keywords

Refusal of ICC request
Obligations towards the sending State
Refusal of ICC request - competing request



EDIT.