Samoa

International Criminal Court Act 2007, No.26

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


76. National Security -

(1) Where -

(a) the ICC requests assistance under Part V for the production of documents or the taking of evidence and the Minister is of the opinion that the production of such documents or the disclosure of such evidence would be prejudicial to the national security of Samoa; or
(b) a person is required to disclose information to, or give evidence before the ICC and the person refuses to do so on the ground that the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa and the Minister confirms that in the person’s opinion the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa; or
(c) the Minister is of the opinion that the disclosure of information to, or giving of evidence before the ICC in circumstances other than the circumstances referred to in paragraphs (a) and (b) would be prejudicial to the national security of Samoa, the Minister shall consult with the ICC and take reasonable steps to resolve the matter in accordance with article 72(5) of the Statute.

(2) If, after consultation with the ICC, the Minister considers that there are no means or conditions under which the information, documents or evidence requested could be provided, disclosed or given without prejudice to the national security of Samoa, the Minister may refuse the request for the production of such document or the disclosure of such evidence or refuse the authorisation of the production of such document or the disclosure of such information and shall specify to the ICC, the person’s reasons for doing so, unless the specification of those reasons would itself be, in the person’s opinion, prejudicial to the national security of Samoa.

Keywords

Consultations with the Court
Protection of national security
Taking of evidence - national procedures for ICC proceedings
Production of evidence - national procedures for ICC proceedings



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