CHAPTER 1. GENERAL PROVISIONS
Section 7
1. If Our Minister considers that there are obstacles or impediments to granting a request of the ICC for cooperation or enforcement, he shall immediately consult with the ICC in order to remove these obstacles or impediments.
2. The following may in any event constitute obstacles or impediments as referred to in subsection 1:
(a) insufficient information for the request to be granted;
(b) the person to be arrested at the request of the ICC cannot be located in the Netherlands, despite best endeavours;
(c) the person arrested at the request of the ICC on the basis of an arrest warrant is not the person referred to in the warrant;
(d) granting the request in its present form would result in a breach of a treaty obligation that existed prior to the request and is owed to another State;
(e) granting the request in its present form would result in a violation of the principle of ne bis in idem referred to in article 20 of the Statute;
(f) a prosecution of the person claimed for the same acts is either in progress or in preparation in the Netherlands;
(g) granting the request of the ICC immediately would obstruct an investigation or prosecution in a case other than that to which the request relates;
(h) granting the request would prejudice the national security interests of the Netherlands as referred to in article 72 of the Statute;
(i) the case referred to in section 25, subsection 1.
3. If the public prosecutor responsible for executing a request of the ICC finds obstacles or impediments as referred to in this section, he shall notify Our Minister immediately.
4. Our Minister shall request the ICC to respond within a reasonable period to be determined in consultation. This period may be extended at the request of the ICC.
5. The processing of a request for the surrender of a person or for enforcement of a decision of the ICC shall be suspended for the duration of the period referred to in subsection 4. The processing of a request for any other form of cooperation may be suspended by Our Minister or, as the case may be, by the public prosecutor after consultation with Our Minister.
6. If Our Minister or the authorities designated by him consider that a request for the assistance of the host State cannot be granted, he shall immediately consult with the ICC in accordance with the headquarters agreement referred to in article 3, paragraph 2 of the Statute and the regulations and agreements based on it, in order to resolve the matter.

CHAPTER 1. GENERAL PROVISIONS
Section 8
1. If and for as long as a challenge to the admissibility of a case or the jurisdiction of the ICC pursuant to articles 18 or 19 of the Statute is under consideration by the ICC, the processing of a request relating to the case for the surrender of a person shall be suspended.
2. In the case referred to in subsection 1, the processing of a request for any other form of cooperation may be suspended by Our Minister or, as the case may be, by the public prosecutor after consultation with Our Minister, unless the ICC has determined that the Prosecutor [of the ICC] may proceed with the collection of evidence pursuant to articles 18 or 19.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 4. Hearing and ruling by the District Court

Section 25

1. The District Court shall suspend the investigation for the purpose of consultation with the ICC if, in the provisional opinion of the District Court, the person brought before it is not the person whose surrender has been requested.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 5. Decision on the request and actual surrender

Section 30

2. If the surrender has been declared admissible and Our Minister considers that he needs further information from the ICC in order to make a sound decision, he may defer the decision and consult the ICC. Depending on the result of the consultation with the ICC, he may again forward the file of the case to the public prosecutor who has dealt with the request for surrender, after which sections 21-29 will apply again.
3. If the person claimed is being prosecuted in the Netherlands for the same offence, Our Minister shall, when deciding to grant the request, also give instructions for the prosecution to be discontinued.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 6. Expedited procedure

Section 37

1. After a statement has been made in accordance with section 36, the public prosecutor may decide that the person claimed will be surrendered to the ICC.
2. Subsection 1 shall not apply if (it appears that) the person claimed is the subject of prosecution in the Netherlands or that all or part of a sentence imposed on him by a Dutch court is still eligible for execution. In such a case the public prosecutor shall make an application as referred to in section 21.
3. The public prosecutor shall notify Our Minister immediately of every decision taken under subsections 1 or 2.

Section 38

1. If the public prosecutor has decided in accordance with section 37, subsection 1 that the person claimed will be surrendered to the ICC, section 21 shall not apply.
2. If the application referred to in section 21 has already been lodged with the District Court, it shall be withdrawn immediately. The clerk of the District Court shall then return the request for surrender, together with the accompanying documents, to the public prosecutor.
3. The public prosecutor shall notify the person claimed of the withdrawal of the application.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95
Postponement of execution of a request in respect of an admissibility challenge
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.

This provision follows the ICC Statute.

The ICC Implementation Act 2002 allows for the postponement or suspension of the execution of cooperation requests in all cases where obstacles arise that require consultations with the Court are necessary.