Chapter II Cooperation with the International Criminal Court
Section 2 Provision of Evidence, etc.
Subsection 1 Provision of Evidence
(Notification of Non-cooperation)
Article 12 After taking measures under the provisions of Article 6, paragraph (2), item (ii) or (iii) or paragraph (3) of said Article, when the Minister of Justice finds that the case falls under any of the provisions of paragraph (1), items (i) through (iv) of said Article and decides not to cooperate through provision of evidence, he/she shall notify the person who received the documents that were sent concerning the request for cooperation through provision of evidence to that effect without delay.
(Consultation with the Minister of Foreign Affairs, etc.)
Article 13 (1) The Minister of Justice shall consult with the Minister of Foreign Affairs in advance in a case that falls under any of the following items:
(i) when deciding not to cooperate through provision of evidence, on the basis that the case falls under any of the provisions of Article 6, paragraph (1), items (i) through (iii);
(ii) when postponing cooperation through provision of evidence, on the basis that the case falls under either of the provisions of Article 6, paragraph (1), item (v) or (vi); or
(iii) when setting the conditions set forth in Article 11.
(2) The provisions of Article 16, paragraph (2) of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to where the Minister of Justice decides to take the measures set forth in any of the items of Article 6, paragraph (2) with regard to a request for cooperation through provision of evidence.
Postponement of execution of ICC request
Refusal of ICC request
Postponement - ongoing investigation or prosecution
Refusal of ICC request - protection of national security
Refusal of ICC request - competing request
EDIT.