Part 2
Specific provisions
Section 2
19. Disclosure and transmission of information affecting national security
2. Should the documents relate to national security, and in particular to military information, the International Criminal Court shall be consulted to ascertain whether the information can be provided by another source or in another form.
3. If the matter cannot be settled through the consultations in paragraph 2 above, the Federal Minister of Foreign Affairs, with the consent of the competent federal minister, prior to granting access to records or to the transmission of photocopies, shall check whether the interests of confidentiality significantly outweigh the interests of providing evidence for an international prosecution. Should that be the case, the International Criminal Court shall be asked for assurance of the maintenance of confidentiality and for details as to how it will be maintained.
4. The Federal Minister of Foreign Affairs shall, with the consent of the competent federal minister, check whether the assurance given as to maintaining confidentiality is to be deemed sufficient. Access to records or the transmission of photocopies is to be refused where confidentiality cannot be ensured and if there are concerns that disclosure could prejudice national security.
5. Paragraphs 2 to 4 above shall also apply where a person who has been called upon to provide information or evidence refuses to do so on the grounds that disclosure would prejudice national security.
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