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.

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.


88. Disclosure of information provided by third party.

(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.

Article 54
Duties and powers of the Prosecutor with respect to investigations
3. The Prosecutor may:
(e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
(f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

Article 72
Protection of national security information
3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.

Article 73
Third-party information or documents
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.