PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION
II. JUDICIAL COOPERATION
Art. 26 Consultations with the ICC
1. The Secretary of State for Justice, Transparency and Human Rights, in cooperation with
the Foreign Secretary, shall consult with the ICC in all circumstances specified by the ICC Statute or warranted by the particular circumstances of the case such as:
(a) when the production of any documents or disclosure of evidence at any stage of the proceedings before the ICC or during the course of judicial cooperation may jeopardize national security, according to art. 72 and 93 par. 4 of the ICC Statute, ratified by Law 3003/2002,
(b) When the execution of a certain measure of assistance requested by the ICC contravenes a fundamental, generally applicable legal principle of greek public order, as stipulated in art. 93 par. 3 of the ICC Statute,
(c) When the request for surrender of a person or for the provision of judicial assistance is inconsistent with the obligations of the Hellenic Republic with respect to the State or diplomatic immunity of a person or property of a third State, according to the provisions of art. 98 par. 2 of the ICC Statute.
(d) When the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem, as provided in article 98 par. 2 of the ICC Statute.
(e) If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, as provided in article 98 par. 4 of the ICC Statute.
EDIT.