'Confidentiality re documents and information' in document 'Georgia - ICC Cooperation Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter IV
Request of the International Court


Article 14. Serving case materials to the persons concerned

1 .By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.

2.The right referred to in paragraph 1 of this Article may be restricted:
a)in the interests of proceedings before the International Court;
b) where a substantial legal ground thereof exists, if the International Court so requires;
c)due to the need for immediate taking appropriate measures;
d) for the purpose of preservation of confidential information.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure
and Evidence.