Spans in 'New Zealand - ICC Act' tagged with 'Obligations towards the sending State'

'Obligations towards the sending State' in document 'New Zealand - ICC Act'

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More information about the keyword 'Obligations towards the sending State'
More information about the document 'New Zealand - ICC Act'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

28.
Consultation—

(1)The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—

(d)execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender
56.
Postponement of execution of request for surrender—

(1)The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—

(c)a request of the kind referred to in section 66(1)(c) is made to the ICC.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

66.
Conflict with obligations to another State—

(1)This section applies if—

(a)the ICC makes a request for surrender; and

(b)the ICC has not previously made a final determination on whether or not article 98 of the Statute applies to that request; and

(c)a request is made to the ICC to determine whether or not article 98 of the Statute applies to the request for surrender.

(2)If this section applies, the Minister may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.

(3)If the ICC advises that it does not intend to proceed with the request, surrender must be refused.

(4)If the ICC advises that it intends to proceed with the request for surrender, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Cf Statute, article 98

RELEVANT ROME STATUTE PROVISIONS

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
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.