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 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 –

(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.

Article 93
Other forms of cooperation
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.