PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

28. (1) The Attorney General shall 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 IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (1) The Attorney General shall refuse a request by the ICC for the surrender of a person if—

(c) section 66(3) applies.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

56. (1) The Attorney General may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if—

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

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(e) a request of the kind referred to in section 120(2)(c) is made to the ICC.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

120. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or infor¬mation or property that, are subject to the control of another State or an international organization under an international agreement, the Attorney General shall inform the ICC to enable it to direct its request to the other State or international organization.
(2) Subsections (3) to (5) apply if—
(a) the ICC makes a request for assistance;
(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 Attorney General 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 shall 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.

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.