The International Crimes Act, 2008 (2) Where— (a) the ICC makes a request for assistance; (b) the ICC has not previously made a final determination on whether or not paragraph 1 of article 98 of the Rome Statute applies to that request; and (c) a request is made to the ICC to determine whether or not paragraph 1 of article 98 applies to the request for surrender, www.kenyalaw.org the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance. (4) (3) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused. (5) (4) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part. Miscellaneous Effect of authority to proceed. 116. At any time before a formal response is sent to the ICC, the Attorney-General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 109 or section 110, even if he has previously given authority for the request to proceed. Request may relate to assistance sought by defence. (Cf. Rome Statute, article 57 (3) (b).) 117. A request made by the ICC under Part 9 of the Rome Statute to assist a defendant in the preparation of his defence shall be dealt with in the same manner as a like request to assist the Prosecutor. Execution of request by Prosecutor. (Cf. Rome Statute, article 99 (4) and 118. (1) The Prosecutor may execute a request that does not involve any compulsory measures on Kenyan territory in the circumstances specified in paragraph 4 of article 99 of the Rome Statute. 72