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


38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute

(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:

(a) the steps required to be taken under the Extradition Act 1988 in relation to a request for extradition may continue to be taken; but
(b) no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.

(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.

Keywords

Competing request - same conduct - State party - pending admissibility decision



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