'Refusal of ICC request - protection of national security' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 4 Consultations

The Central Authority shall conduct consultations as indicated in article 97 of the Statute, in particular when the execution of a request:
b. would prejudice national security interests (art. 72 and art. 93 para. 4 of the Statute)

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION III: PROCEDURE

Art. 44 National Security

1 If the Central Authority has serious grounds to believe that the execution of a request could prejudice national security interests, it shall immediately inform the Department.

2 Where paragraph 1 applies, the Department may suspend execution measures.

3 Upon request of the Department, the Federal Council shall deny the request of the Court for cooperation, to the extent that granting the request would prejudice national security.

RELEVANT ROME STATUTE PROVISIONS

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.