Information, property or persons subject to the control of a third State or international organisation

Commonwealth of Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

51 Refusal of assistance
(1) The Attorney-General must refuse a request for cooperation in circumstances referred to in subsection 142(4) (which relates to third party information that cannot be disclosed).

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

62 Requests involving competing international obligations
If a request for cooperation relates to a person who, or information or property that, is subject to the control of a foreign country or an international organisation under an international agreement, the Attorney-General must inform the ICC so as to enable it to direct its request to the foreign country or international organisation

Rome Statute

Article 93 Other forms of cooperation

9.

(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.