PART VIII—PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION
National Security
158. In determining what action to take in relation to a matter to which this Part applies, the Attorney-General shall take into account the power of the ICC to refer a matter to the Assembly of States Parties or to the Security Council in accordance with paragraph 7 of article 87 of the Rome Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Rome Statute.
Failure to cooperate - referral to Security Council
EDIT.