Refusal of ICC request - protection of national security

Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

51 Refusal of assistance
(2) The Attorney-General may refuse a request for cooperation:
(a) in circumstances referred to in Part 8 (which relates to the protection of national security interests); or

Part 8—Protection of Australia’s national security interests

145 Request for cooperation involving national security
(2) If, after the procedure specified in sections 148 and 149 is followed, the request for cooperation is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the disclosure.

Part 8—Protection of Australia’s national security interests

146 Request to disclose information or documents involving national security
(1) This section applies if a person who has been requested to disclose information or documents to the ICC:
(a) refuses to do so on the ground that disclosure would prejudice Australia’s national security interests; or
(b) refers the matter to the Attorney-General on that ground.

Part 8—Protection of Australia’s national security interests

146 Request to disclose information or documents involving national security
(4) If, after the procedure specified in sections 148 and 149 is followed, the request for disclosure is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the disclosure.

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part I—Preliminary
8 Refusal of assistance
(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney General:
(e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory.

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.