PART IV
ARREST AND SURRENDER OF PERSON TO ICC

38. Refusal of request for arrest and surrender -

(1) The Minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the execution of the request.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

39. Postponement of execution of request for arrest and surrender -

(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the surrender of the person only if –

(c) the Minister is consulting with the ICC under section 32 as to whether or not article 98 of the Statute applies to the execution of the request.

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 -

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination of the ICC that article
98(1) of the Statute applies to the execution of the request;

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


77. Postponement of execution of request for assistance -

(1) The Minister may postpone the execution of a request for assistance under this Part only if -

(c) the Minister is consulting with the ICC under section 32(2) as to whether or not article 98(1) of the Statue applies to execution of the request; or

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.