Rome Statute of the International Criminal Court
Article 72
Protection of national security information
1.
This article applies in any case where the disclosure of the information or documents
of a State would, in the opinion of that State, prejudice its national security interests.
Such cases include those falling within the scope of article 56, paragraphs 2 and 3,
article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68,
paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other
stage of the proceedings where such disclosure may be at issue.
2.
This article shall also apply when a person who has been requested to give information
or evidence has refused to do so or has referred the matter to the State on the ground
that disclosure would prejudice the national security interests of a State and the
State concerned confirms that it is of the opinion that disclosure would prejudice its
national security interests.
3.
Nothing in this article shall prejudice the requirements of confidentiality applicable
under article 54, paragraph 3 (e) and (f), or the application of article 73.
4.
If a State learns that information or documents of the State are being, or are likely to
be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure
would prejudice its national security interests, that State shall have the right to
intervene in order to obtain resolution of the issue in accordance with this article.
5.
If, in the opinion of a State, disclosure of information would prejudice its national
security interests, all reasonable steps will be taken by the State, acting in conjunction
with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the
case may be, to seek to resolve the matter by cooperative means. Such steps may
include:
(a)
Modification or clarification of the request;
(b)
A determination by the Court regarding the relevance of the information
or evidence sought, or a determination as to whether the evidence, though
relevant, could be or has been obtained from a source other than the requested
State;
(c)
Obtaining the information or evidence from a different source or in a different
form; or
(d)
Agreement on conditions under which the assistance could be provided
including, among other things, providing summaries or redactions,
limitations on disclosure, use of in camera or ex parte proceedings, or other
protective measures permissible under the Statute and the Rules of Procedure
and Evidence.
6.
Once all reasonable steps have been taken to resolve the matter through cooperative
means, and if the State considers that there are no means or conditions under which
the information or documents could be provided or disclosed without prejudice to
its national security interests, it shall so notify the Prosecutor or the Court of the
specific reasons for its decision, unless a specific description of the reasons would
itself necessarily result in such prejudice to the State's national security interests.
7.
Thereafter, if the Court determines that the evidence is relevant and necessary for the
establishment of the guilt or innocence of the accused, the Court may undertake the
following actions:
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