Part 3 Other forms of assistance

Forms of assistance

30 Taking or production of evidence: further provisions

(2) The court may, if it thinks it necessary in order to protect—
(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,
direct that the public be excluded from the court.
(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—
(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

Article 87
Requests for cooperation: general provisions
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

This provision follows the ICC Statute.

The ICC Act 2001 allows courts to exclude the public in order to protect victims and witnesses when they are giving evidence persuant to an ICC request. This appears to be narrower than the protection afforded to victims and witnesses in national proceedings, when witnesses may benefit from the special measures found in the Youth Justice and Criminal Evidence Act 1999 and the Criminal Evidence (Witness Anonymity) Act 2008.