Part 2—General provisions relating to requests by the ICC for cooperation

12 Request that may raise problems relating to Australia’s international obligations to a foreign country

(1) This section applies where the Attorney General consults with the ICC because the execution of a request for cooperation may raise problems relating to Australia’s obligations to a foreign country under international law or international agreements as mentioned in article 98 of the Statute.

(2) If, after the consultation, the Attorney General is satisfied that the execution of the request would not conflict with any of those obligations, the Attorney General must sign a certificate stating that the execution of the request does not conflict with any of those obligations.

(3) A certificate signed under subsection (2) is conclusive evidence of the matters stated in the certificate.

(4) If, after the consultation, the Attorney General is not satisfied as mentioned in subsection (2), the Attorney General must postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

12 Request that may raise problems relating to Australia’s international obligations to a foreign country

(1) This section applies where the Attorney-General consults with the ICC because the execution of a request for cooperation may raise problems relating to Australia’s obligations to a foreign country under international law or international agreements as mentioned in article 98 of the Statute.

(2) If, after the consultation, the Attorney-General is satisfied that the execution of the request would not conflict with any of those obligations, the Attorney-General must sign a certificate stating that the execution of the request does not conflict with any of those obligations.

(3) A certificate signed under subsection (2) is conclusive evidence of the matters stated in the certificate.

(4) If, after the consultation, the Attorney-General is not satisfied as mentioned in subsection (2), the Attorney-General must postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

32 Postponement of execution of request for surrender

(1) The Attorney-General may postpone the execution of a request for surrender of a person for a crime within the jurisdiction of the ICC at any time before the person is surrendered if, and only if:

the request involves a conflict with Australia’s international obligations, and subsection 12(4) applies.

Article 27
Irrelevance of official capacity
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.