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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.90 Competing requests/Demandes concurrentes

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 90 of the Rome Statute of the International Criminal Court. Article 90 primarily concerns extradition treaties. Most States Parties to the Rome Statute have pre-existing treaty obligations to facilitate extradition. Some may also have status of forces agreements that govern jurisdiction over crimes committed on their territory. Situations may arise where there are competing requests, one from a third State (which may not be a State Party to the Rome Statute) and one from the International Criminal Court. Article 90 provides a legal framework to resolve such conflicts. If a State Party that has received a request from the Court for surrender pursuant to article 89 also receives a request from a State to surrender the same person for the same conduct, it is to notify the Court and the requesting State of the fact that there are competing requests. From that point, the solution to the problem depends upon whether or not the requesting State is a State Party to the Rome Statute.

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