Failure to cooperate - referral to Security Council

New Zealand

International Crimes and International Criminal Court Act 2000

PART 8 - PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National security

163.
Attorney-General must take into account ICC's ability to refer matter to Security Council—

In determining what action to take in relation to a matter to which this Part applies, the Attorney-General must take into account the power of the ICC to refer a matter to the Assembly of States 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.

Cf Statute, articles 72(7)(a)(ii), 87(7)

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.