Part VII – Protection of National Security or Third Party Information

National Security

81. National security issues to be dealt with under article 72.
If an issue relating to Uganda’s national security interests arises at any stage of any proceedings before the ICC, the issue shall be dealt with in the manner provided in article 72 of the Statute and this Part.

82. Part 9 request involving national security.
(1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Minister, prejudice Uganda’s national security interests, that request shall be dealt with in accordance with the process specified in sections 85 and 86.

(2) If, having followed the specified process the matter is not able to be resolved, the Minister may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

83. Information or evidence involving national security.
(1) This section applies if a person who has been requested to give information or evidence—

(a) refuses to do so on the ground that disclosure would prejudice the national security interests of Uganda; or

(b) refers the matter to the Minister on the ground that disclosure would prejudice the national security interests.

(2) If this section applies, the Minister shall determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice Uganda’s national security interests.

(3) If the Minister confirms that he or she is of the opinion that disclosure would prejudice Uganda’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 85 and 86.

(4) If, having following the specified process, the matter has not been resolved, the Minister may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

84. Other situations involving national security
(1) If, in any circumstances other than those specified in sections 82 and 83, the Minister is of the opinion that the disclosure of information or documents to the ICC would prejudice Uganda’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 85 and 86.

(2) Without limiting subsection (1), this section applies if the Minister learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with article 72(4) of the Statute.

(3) Where, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under article 72(7)(b)(i) of the Statute, the Minister may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

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.

86. Procedure where no resolution.
(1) If, after consultation, the Minister considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to Uganda’s national security interests, the Minister shall notify the ICC, in accordance with article 72(6) of the Statute, of the specific reasons for his or her decision, unless a specific description of the reasons would result itself in prejudice to Uganda’s national security interests.

(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.

(3) The Minister shall comply with an ICC disclosures order if-

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

(b) the issue of disclosure arises in the circumstances specified in section 84(1); and

(c) the ICC orders disclosure in accordance with article 72(7(b)(i) of the Statute.

87. Minister to take into account ICC’s ability to refer matter to the Security Council.
In determining what action to take in relation to a matter to which this Part applies, the Minister shall take into account the power of the ICC to refer a matter to the Assembly of State Parties or to the Security Council in accordance with article 87(7) of the Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Statute.

Information Provided by Third Party

88. Disclosure of information provided by third party.
(1) If the ICC requests the provision of a document or information that was provided or disclosed to Uganda in confidence by another State, intergovernmental organisation, or international organisation, the Minister 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 Minister shall, subject to article 72 of the 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 of the Statute, the Minister shall inform the ICC of that undertaking.

(4) If the originator is not a State Party and refuses to consent to disclosure, the Minister shall inform the ICC that he or she is unable to provide the document or information because of an existing obligation of confidentiality to the originator.

89. Request for Uganda’s consent to disclosure.
(1) If a request is received form another State for Uganda’s consent to the disclosure to the ICC of a document or information that had been disclosed to the State in confidence, the Minister shall either—

(a) consent to the disclosure; or

(b) undertake to resolve the matter with the ICC under article 73 of the Statute.

(2) The provision of an undertaking under subsection (1)(b) does not prevent the Minister from refusing assistance sought in accordance with section 88(4).

Part VII – Protection of National Security or Third Party Information

National Security

82. Part 9 request involving national security.
(1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Minister, prejudice Uganda’s national security interests, that request shall be dealt with in accordance with the process specified in sections 85 and 86.

(2) If, having followed the specified process the matter is not able to be resolved, the Minister may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

83. Information or evidence involving national security.
(1) This section applies if a person who has been requested to give information or evidence—

(a) refuses to do so on the ground that disclosure would prejudice the national security interests of Uganda; or

(b) refers the matter to the Minister on the ground that disclosure would prejudice the national security interests.

(2) If this section applies, the Minister shall determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice Uganda’s national security interests.

(3) If the Minister confirms that he or she is of the opinion that disclosure would prejudice Uganda’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 85 and 86.

(4) If, having following the specified process, the matter has not been resolved, the Minister may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

Part VII – Protection of National Security or Third Party Information

National Security

86. Procedure where no resolution.
(1) If, after consultation, the Minister considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to Uganda’s national security interests, the Minister shall notify the ICC, in accordance with article 72(6) of the Statute, of the specific reasons for his or her decision, unless a specific description of the reasons would result itself in prejudice to Uganda’s national security interests.

Part VII – Protection of National Security or Third Party Information

Information Provided by Third Party

88. Disclosure of information provided by third party.

(4) If the originator is not a State Party and refuses to consent to disclosure, the Minister shall inform the ICC that he or she is unable to provide the document or information because of an existing obligation of confidentiality to the originator.

Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

27. Refusal of request for arrest and surrender.
(1) The minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –

(a) the ICC has decided that the case to which the request relates is inadmissible on any ground; or

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the request.

(2) The minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if –

(a) there is a competing request for extradition from one or more States not party to the Statute for the person for the same conduct which forms the basis of the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 41; or
(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite is made in accordance with article 90 of the Statute and section 41.

(3) If the Minister decides to refuse a request for arrest and surrender in accordance with subsection (1) or (2) after he or she has transmitted a request under section 26, he or she shall notify the Registrar who shall cancel any warrant or delivery order issued by him or her and ensure the person’s release from custody or conditions prescribed in relation to bail arising from that warrant or order.

Part III – General Provisions Relating to Requests for Assistance

24. Response to be sent to ICC.

(3) If the request for assistance cannot be executed for any other reason, the notification to the ICC shall set out the reasons for the inability or failure to execute the request.

Part III – General Provisions Relating to Requests for Assistance

24. Response to be sent to ICC.

(2)If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance request, in whole or in part, the notification to the ICC shall set out the reasons for the decision.

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

60. Refusal of request.
(1) The Minister shall refuse a request for assistance under this Part only if –

(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination of the ICC that article 98 of the Statute applies to the request; or

(c) the provision of the assistance is prohibited by the law of Uganda and the ICC does not accept the conditions, as contemplated by article 93(5) of the Statute, subject to which the Minister was willing to provide the assistance.

(2) The Minister may refuse a request for assistance under this Part only if –

(a) there are competing requests for assistance from the ICC and a state and the Minister has decided to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 41; or

(b) the Minister decides that the Part VII applies to the request.

(3) If the Minister decides to refuse a request for assistance in accordance with subsection (1) or (2) after he or she has transmitted the request to the appropriate Ugandan agency, he or she shall inform that agency not to take any further steps to execute the request.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.

Article 93
Other forms of cooperation
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.