Conflict with existing fundamental legal principle of general application - consultations with the Court

New Zealand

International War Crimes Tribunals Act 1995

Part 7
Miscellaneous

57 Attorney-General may decline to comply with request in certain cases

The Attorney-General may decline to comply with a request to which section 21, 29, 30, 31, 35, or 41 applies where, in the Attorney-General's opinion,—

(c) the request is for assistance of a kind that would require steps to be taken for its implementation that could not be lawfully taken ; or
(d) there are some other exceptional circumstances that justify non-compliance with the request.

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.