Part IV – Arrest and Surrender of Person to ICC
Request from ICC for Arrest and Surrender
27. Refusal of request for arrest and surrender.
(1) The minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –
(a) the ICC has decided that the case to which the request relates is inadmissible on any ground; or
(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the request.
(2) The minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if –
(a) there is a competing request for extradition from one or more States not party to the Statute for the person for the same conduct which forms the basis of the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 41; or
(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite is made in accordance with article 90 of the Statute and section 41.
(3) If the Minister decides to refuse a request for arrest and surrender in accordance with subsection (1) or (2) after he or she has transmitted a request under section 26, he or she shall notify the Registrar who shall cancel any warrant or delivery order issued by him or her and ensure the person’s release from custody or conditions prescribed in relation to bail arising from that warrant or order.
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