Spans in 'Samoa: ICC 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 'Samoa: ICC 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 'Samoa: ICC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

75. Refusal of request -

(1) The Minister shall refuse a request for assistance under this Part only if -

(d) the execution of a particular measure of assistance is prohibited in Samoa on the basis of an existing fundamental legal principle of general application and the ICC does not accept the conditions, as contemplated by article 93 (5) of the Statute, subject to which the Minister was willing to provide the assistance.

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.