An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
Part 3 Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
39 Procedure where competing request relating to same conduct from a foreign country that is not a party to the Statute
If Australia is under an international obligation to extradite the person to the foreign country, the Attorney-General must determine whether to surrender the person or to extradite the person to the foreign country.
In making the determination under subsection (6), the Attorney-General must consider all relevant matters, including, but not limited to:
the respective dates of the requests; and
the interests of the foreign country, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
the possibility of subsequent surrender between the ICC and the foreign country.
Competing request - same conduct - State not Party - international obligation
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