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
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.