Rome Statute of the International Criminal Court
8.
(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.
58
(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.