PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on surrender
63.
Procedure where competing request from non-State Party—
(1)If section 61 applies and the requesting State is not a party to the Statute, priority must be given to the request for surrender from the ICC if—
(a)New Zealand is not under an international obligation to extradite the person to the requesting State; and
(b)the ICC has determined under article 18 or article 19 of the Statute that the case is admissible.
(2)If section 61 applies and the requesting State is not a party to the Statute, the request for extradition may continue to be dealt with if—
(a)New Zealand is not under an international obligation to extradite the person to the requesting State; and
(b)the ICC has not yet determined under article 18 and article 19 of the Statute that the case is admissible.
(3)Despite subsection (2), no person may be surrendered under the Extradition Act 1999 unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.
(4)If section 61 applies, the requesting State is not a party to the Statute, and New Zealand is under an international obligation to extradite the person to the requesting State, the Minister must determine whether to surrender the person to the ICC or extradite the person to the requesting State.
(5)Section 99(1) of the Extradition Act 1999 does not apply to a determination made under subsection (4).
(6)In making the determination under subsection (4), the Minister must consider all the relevant factors including, without limitation,—
(a)the respective dates of the requests; and
(b)the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c)the possibility of subsequent surrender between the ICC and the requesting State.
Cf Statute, article 90(4)-(6)
Competing request - same conduct
Competing request - same conduct - State not Party
EDIT.