III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Postponement of Granting Request Made by the International Criminal Court

Article 17

The Ministry may postpone to grant a letter rogatory for providing legal assistance to the International Criminal Court when it is dictated by :

2) the protection of national interests and security of the Republic of Serbia,

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Postponement of Granting Request Made by the International Criminal Court

Article 17

The postponement of granting the letter rogatory for providing legal assistance may be extended not later than the final completion of the criminal proceeding conducted in the Republic of Serbia for the criminal offence included in the letter rogatory or until required measures are undertaken to protect the national interests of the Republic of Serbia, i.e. until a ruling is passed on the objection made to incompetence or inadmissibility to institute or conduct criminal proceedings before the International Criminal Court.

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.