The International Crimes Act, 2008 ability to refer matter to Security Council. (Cf. Rome Statute, articles 72 (7) (a) (ii), 87 (7).) shall 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 paragraph 7 of article 87 of the Rome Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Rome Statute. Information Provided by Third Parties Disclosure of information provided by third party. (Cf. Rome Statute, articles 72, 73.) 159. (1) If the ICC requests the provision of a document or information that was provided or disclosed to Kenya i n confidence by another State, intergovernmental organisation, or international organisation, the Attorney-General shall seek the consent of the originator before providing that document or information to the ICC. (2) If the originator is a State Party that consents to disclosure of the information or document, the AttorneyGeneral shall, subject to article 72 of the Rome Statute, provide that information or document to the ICC. (3) If the originator is a State Party that undertakes to resolve the issue of disclosure with the ICC under article 73, the Attorney-General shall inform the ICC of that undertaking. (4) If the originator is not a State Party and refuses to consent to disclosure, the Attorney-General shall inform the ICC that he is unable to provide the document or 97