Part 3—Requests by the ICC for arrest and surrender of persons
Division 4—Surrender of persons
38 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:
(a) the steps required to be taken under the Extradition Act 1988 in relation to a request for extradition may continue to be taken; but
(b) no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.
Part 4—Other requests by ICC
Division 3—Restrictions on provision of assistance
58 Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
(3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:
(a) any preliminary steps required to be taken to give effect to the request from the foreign country may continue to be taken; but
(b) the request may not be complied with unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
(4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.