Obligation to inform the Court of reasons for denial of assistance


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

Part 8—Protection of Australia’s national security interests

149 Procedure where no resolution
(1) If, after the consultation, the Attorney-General decides that there are no means or conditions under which the information or documents could be disclosed without prejudice to Australia’s national security interests, the Attorney-General must notify the ICC, in accordance with paragraph 6 of article 72 of the Statute, of the specific reasons for his or her decision unless a specific description of the reasons would itself result in prejudice to Australia’s national security interests.

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.