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

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

115.
Postponement of execution of assistance—

(1)The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—

(e)a request of the kind referred to in section 120(2)(c) is made to the ICC.


(2)Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request must be dealt with in accordance with this Part.

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

120.
Requests involving conflict with other international obligations—

(1)If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General must inform the ICC to enable it to direct its request to the other State or international organisation.

(2)Subsections (3) to (5) apply if—

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

(b)the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c)a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.

(3)If this subsection applies, the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.

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

(5)If the ICC advises that it intends to proceed with the request for assistance, 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(1)

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.