Part 4—Other requests by ICC
Division 3—Restrictions on provision of assistance
51 Refusal of assistance
(2) The Attorney General may refuse a request for cooperation:
(b) if there are competing requests from the ICC, and from a foreign country that is not a party to the Statute, relating to the same conduct, and subsection 59(4) applies; or
Competing request - same conduct - State not Party
EDIT.