Spans in 'Greece- Adaptation of internal law to ICC Statute' tagged with 'Confidentiality re national security'

'Confidentiality re national security' in document 'Greece- Adaptation of internal law to ICC Statute'

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More information about the keyword 'Confidentiality re national security'
More information about the document 'Greece- Adaptation of internal law to ICC Statute'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 26 Consultations with the ICC

1. The Secretary of State for Justice, Transparency and Human Rights, in cooperation with
the Foreign Secretary, shall consult with the ICC in all circumstances specified by the ICC Statute or warranted by the particular circumstances of the case such as:

(a) when the production of any documents or disclosure of evidence at any stage of the proceedings before the ICC or during the course of judicial cooperation may jeopardize national security, according to art. 72 and 93 par. 4 of the ICC Statute, ratified by Law 3003/2002,

RELEVANT ROME STATUTE PROVISIONS

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.