Failure to cooperate - referral to Security Council


The International Criminal Court Act 2010

Part VII – Protection of National Security or Third Party Information

National Security

87. Minister to take into account ICC’s ability to refer matter to the Security Council.
In determining what action to take in relation to a matter to which this Part applies, the Minister shall take into account the power of the ICC to refer a matter to the Assembly of State Parties or to the Security Council in accordance with article 87(7) of the Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Statute.

Rome Statute

Article 87 Requests for cooperation: general provisions

7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.