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
(2) Priority must be given to the request from the ICC if:
(a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country in respect of its request for extradition; or
(b) the ICC makes such a determination after receiving notification of the request for extradition from the foreign country.
Competing request - same conduct - State party - case admissible
EDIT.