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


The International Criminal Court Act 2010

Part III – General Provisions Relating to Requests for Assistance

22. Consultation.
The Minister shall consult with the ICC, without delay, if, for any reason there is or may be a problem with the execution of a request for assistance.

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.