Part VII – Protection of National Security or Third Party Information

National Security

85. Consultation with the ICC required.
The Minister shall consult with the ICC and, if appropriate, the defence, in accordance with article 72(5) of the Statute.

Part VII – Protection of National Security or Third Party Information

National Security

86. Procedure where no resolution.
(2) The Minister shall use his or her best endeavours with a view to reaching a mutually satisfactory outcome if—

(a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused;

(b) the issue of disclosure arises in the circumstances specified in section 82 or 83 and the Minister is of the opinion that Uganda’s national security interests would be prejudiced by disclosure; and

(c) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte.

Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

28. Postponement of execution of request for arrest and surrender.


(3) If the execution of the request for arrest and surrender is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute; and the Minister shall proceed with execution of the request after the lapse of the period, unless otherwise agreed with the ICC.

Part IV – Arrest and Surrender of Person to ICC

Bail

31. Application for bail.

(3) The Minister shall, on receipt of a notification under subsection (2) consult immediately with the ICC to obtain any recommendations from the Pre-Trial Chamber under article 59(5) of the Statute, and shall convey those recommendations to the registrar.

Part III – General Provisions Relating to Requests for Assistance

24. Response to be sent to ICC.

(6) If the Minister is of the opinion that the circumstances set out in article 98 of the Statute apply to a request for provisional arrest, arrest and surrender or other assistance, he or she shall consult with the ICC and request a determination as to whether article 98 applies.

Part III – General Provisions Relating to Requests for Assistance

22. Consultation.
The Minister shall consult with the ICC, without delay, if, for any reason there is or may be a problem with the execution of a request for assistance.

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(1) The Minister may postpone the execution of a request for assistance under this Part only if –

(c) the Minister is consulting with the ICC under section 24(6) as to whether or not article 98 of the Statute applies to execution of the request; or

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(1) The Minister may postpone the execution of a request for assistance under this Part only if –

(d) there are competing requests for assistance from ICC and a state, and the Minister in consultation with ICC and the state decides to postpone the execution of the ICC’s request.

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

Article 96
Contents of request for other forms of assistance under article 93
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.