Obligation to inform the Court of reasons for denial of assistance


Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

Judicial Assistance to Foreign Countries

Competences and Procedure

Refusal of a Request for Judicial Assistance; Absence of Competences
ยง 57. (1) If judicial assistance is not provided in full or in part, the requesting foreign authority shall be informed thereof by way of the established channels of communication, also indicating the reasons.

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

4. Any such refusal, in the cases referred to in paragraph 1, sub-paragraphs 2 to 4 above, shall be decided on by the Federal Minister of Justice with the consent of the Federal Minister of Foreign Affairs. The case in paragraph 1, sub-paragraph 2, further requires the consent of the competent federal minister. The International Criminal Court shall be informed of any refusal of a request and the grounds thereof.

Rome Statute

Article 93 Other forms of cooperation

6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.