Kenya

The International Crimes Act 2008

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) Ifa 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 shall inform the ICC to enable it to direct its request to the other State or international organisation.
(2) Where—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not paragraph 1 of article 98 of the Rome Statute applies to that request; and
(c) a request is made to the ICC to determine whether or not paragraph 1 of article 98 applies to the request for surrender,
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) (3) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) (4) 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 shall continue to be dealt with under this Part.

Keywords

Postponement of execution of ICC request
Obligations towards the sending State
State privileges and immunities
Obligations arising out of State or diplomatic immunity



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