And it's part of COLREGS that even if you are the stand-on vessel, you don't stand on if that will result in a collision, regardless of who caused the situation and how.
If things have progressed so far that avoidance requires turning by both vessels, then both must turn. If the give-way vessel isn't giving way, for any reason, the stand-on vessel should take avoiding actions.
You must take all neccessary actions in a way that your intentions will be obvious to the other vessel.