Spans in 'Switzerland: Law on Cooperation with the ICC' 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 'Switzerland: Law on Cooperation with the ICC'

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More information about the document 'Switzerland: Law on Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 4 Consultations

The Central Authority shall conduct consultations as indicated in article 97 of the Statute, in particular when the execution of a request:
a. would conflict with an existing fundamental legal principle (art. 93 para. 3 of the Statute)

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.