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.

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 V – Domestic Procedures for Other Types of Co-operation

60. Refusal of request.

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

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

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.