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

Australia

Australia - ICC Act 2002 (2016)

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 3—Restrictions on provision of assistance

53 Procedure if assistance precluded under Australian law

If: the execution of a particular measure of assistance specified in a request for cooperation is prohibited in Australia; and

the Attorney-General consults with the ICC in accordance with subsection 11(2) in respect of the request; and

the matter is not resolved but the ICC modifies the request so that it can be dealt with under this Act;
the Attorney-General must deal with the request accordingly.

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.