Part IV – Arrest and Surrender of Person to ICC
Surrender and Delivery Orders
41. Competing requests.
(1) Where a request for surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct that forms the basis of the crime for which ICC seeks the person’s surrender, the Minister –
(a) shall notify ICC and the requesting state of that fact; and
(b) shall determine whether the person is to be surrendered to ICC or to the requesting state.
(2) Where the requesting state is a party to the Statute, priority shall be given to the request from the ICC if the ICC has determined under articles 18 or 19 of the Statute that the case is admissible; and where an admissibility decision is still pending, no person may be extradited under the Extradition Act until the ICC makes a decision on admissibility and determines that the case is inadmissible.
(3) Where the requesting state is not a party to the Statute, priority shall be given to the request for surrender from the ICC, if Uganda is not under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible.
(4) Where the requesting state is not a party to the Statute and Uganda is under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible, the Minister shall determine whether the person is to be surrendered to the ICC or extradited taking into consideration all the relevant factors referred to in article 90(6) of the Statute.
(5) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crimes for which ICC seeks the person’s surrender, priority shall be given to the request from the ICC if Uganda is not under an international obligation to extradite the person to any requesting state.
(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than conduct which constitutes the crimes for which ICC seeks the person’s surrender, if Uganda is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state in accordance with article 90(7) of the Statute.
EDIT.