Rome Statute of the International Criminal Court
7.
8.
(a)
The respective dates of the requests;
(b)
The interests of the requesting State including, where 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 Court and the requesting State.
Where a State Party which receives a request from the Court for the surrender of a person also receives a
request from any State for the extradition of the same person for conduct other than that which constitutes
the crime for which the Court seeks the person's surrender:
(a)
The requested State shall, if it is not under an existing international obligation to extradite the person
to the requesting State, give priority to the request from the Court;
(b)
The requested State shall, if it is under an existing international obligation to extradite the person
to the requesting State, determine whether to surrender the person to the Court or to extradite
the person to the requesting State. In making its decision, the requested State shall consider all
the relevant factors, including but not limited to those set out in paragraph 6, but shall give special
consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and
subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this
decision.
Article 91
Contents of request for arrest and surrender
1.
A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any
medium capable of delivering a written record, provided that the request shall be confirmed through the
channel provided for in article 87, paragraph 1 (a).
2.
In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been
issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
3.
4.
44
(a)
Information describing the person sought, sufficient to identify the person, and information as to that
person's probable location;
(b)
A copy of the warrant of arrest; and
(c)
Such documents, statements or information as may be necessary to meet the requirements for
the surrender process in the requested State, except that those requirements should not be more
burdensome than those applicable to requests for extradition pursuant to treaties or arrangements
between the requested State and other States and should, if possible, be less burdensome, taking into
account the distinct nature of the Court.
In the case of a request for the arrest and surrender of a person already convicted, the request shall contain
or be supported by:
(a)
A copy of any warrant of arrest for that person;
(b)
A copy of the judgement of conviction;
(c)
Information to demonstrate that the person sought is the one referred to in the judgement of
conviction; and
(d)
If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a
sentence for imprisonment, a statement of any time already served and the time remaining to be
served.
Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to
a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c).
During the consultations, the State Party shall advise the Court of the specific requirements of its national
law.