Refusal of ICC request - protection of national security

Commonwealth of Australia

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part I—Preliminary
8 Refusal of assistance
(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney General:
(e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory.

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.