New Zealand

International Crimes and International Criminal Court Act 2000

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

120.
Requests involving conflict with other international obligations—

(1)If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General must inform the ICC to enable it to direct its request to the other State or international organisation.

(2)Subsections (3) to (5) apply if—

(a)the ICC makes a request for assistance; and

(b)the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c)a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.

(3)If this subsection applies, the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.

(4)If the ICC advises that it does not intend to proceed with the request, the request for assistance must be refused.

(5)If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Cf Statute, article 98(1)

Keywords

Obligations arising out of State or diplomatic immunity



EDIT.