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

Republic of Austria

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 1
General Provisions

9. Obligation to consult, and rejection of requests from the International Criminal Court
1. Matters arising shall be resolved through consultations with the International Criminal Court, in particular where the execution of a request from the International Criminal Court would:
(1) run counter to a fundamental legal principle (article 93(3) of the Statute)

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.