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.
Consultations with the Court
Postponement of execution of ICC request
EDIT.