Confidentiality re national security

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Rome Statute

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.

States with implementing provisions

StateProvisions
Armenia [1] [2]
Australia [1] [2] [3]
Austria [1]
Azerbaijan [1]
Estonia [1] [2]
Georgia [1]
Greece [1]
Ireland [1]
Kenya [1]
Liechtenstein [1]
Mauritius [1]
Montenegro [1]
New Zealand [1] [2] [3]
Serbia [1] [2]
Trinidad and Tobago [1] [2]
Uganda [1]
United States of America [1]