Spans in 'Kenya - International Crimes Act' tagged with 'Conflict with existing fundamental legal principle of general application

'Conflict with existing fundamental legal principle of general application - consultations with the Court' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Conflict with existing fundamental legal principle of general application - consultations with the Court'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

111. If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in Kenya, then, notwithstanding any other provision in this Part, the Attorney-General shall—
(a) consider whether the assistance can be provided in
another manner or subject to conditions; and
(b) promptly consult with the ICC in order to resolve the matter.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.