as existing international obligations to non-States Parties, then it can usually decide whether it wants to surrender the person to the Court or extradite the person to the requesting non-State Party. However, article 90 (6) & (7)(a) require the requested State to take into account such matters as the respective dates of the requests, the nationality of the perpetrator and the victims, and the possibility of subsequent surrender between the Court and the requesting State.
Obligations
a) If a State Party receives requests from both the ICC and another State for the surrender of a person under article 89, where the same person is being requested in relation to the same conduct, then the State Party must notify the Court and the requesting State of that fact (article 90 (1)).
b) Where
(i) the requesting State is also a State Party; and
(ii) the Court has already made a determination as to admissibility, taking into account the investigation or prosecution being conducted by the requesting State; then
(iii) the requested State must give priority to the request from the Court.
If the Court is still considering the admissibility issue, the State must not extradite the person to the State until the Court has determined whether the case is admissible before it. However, the requested State may proceed to deal with the request for extradition in all other respects (article 90 (2)).
c) Where
(i) the requesting State is not a State Party; and
(ii) the requested State is not under an international obligation to extradite the person to the requesting State; and
(iii) the Court has determined that the case is admissible; then
(iv) the requested State must give priority to the request from the Court (article 90 (4)).
If the Court has not determined that the case is admissible, the requested State may proceed to deal with the request for extradition from the requesting State, at its discretion, but shall not extradite the person in question to the requesting State (article 90 (3) & (5)).
d) Where
(i) the requesting State is not a State Party; and
(ii) the requested State is under an international obligation to extradite the person to the requesting State; and
(iii) the Court has determined already that the case is admissible; then
(iv) the requested State must determine whether to surrender the person to the Court or extradite the person to the requesting State.
In making its decision, the requested State must take into account at least the following factors:
(a) The respective dates of the request;
(b) The interests of the requesting State, such as whether
the crime was committed in its territory or against one of its
nationals; and
(c) The possibility of subsequent surrender between the
Court and the requesting State (article 90 (6)).
e) Where
(i) the requesting State is either a Party or a non-Party; and
(ii) the Court has determined the case to be inadmissible, upon notification of the receipt of competing requests and subsequent expedited consideration of the issue of admissibility; and
(iii) the requested State subsequently refuses to extradite the person to the requesting State; then
(iv) the requested State must notify the Court of this decision, in case the Court's determination on admissibility was based on the requesting State's ability to prosecute the case (article 90 (8)).
f) Where
(i) the conduct constituting the alleged crime of the same person is different in the ICC request and the State's request; and
(ii) the requesting State is either a Party or a non-Party; and
(iii) the requested State is not under an existing international obligation to extradite the person to th
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