Obligations towards the sending State


International Criminal Court Implementation Act 2002


Section 7

1. If Our Minister considers that there are obstacles or impediments to granting a request of the ICC for cooperation or enforcement, he shall immediately consult with the ICC in order to remove these obstacles or impediments.

2. The following may in any event constitute obstacles or impediments as referred to in subsection 1:

(d) granting the request in its present form would result in a breach of a treaty obligation that existed prior to the request and is owed to another State;

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.