PART VIII
PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION
National Security
161. The Attorney General shall consult with the ICC and, if appropriate, the defence, in accordance with article 72(5) of the Statute.
162. (1) If, after consultation, the Attorney General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to Trinidad and Tobago’s national security interest, the Attorney General shall notify the ICC, in accordance with article 72(6) of the Statute, of the specific reasons for his decision, unless a specific description of the reasons would result in prejudice to Trinidad and Tobago’s national security interests.
(2) The Attorney General shall use his best endeavours with a view to reaching a mutually satisfactory outcome if—
(a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused;
(b) the issue of disclosure arises in the circumstances specified in section 158 or 159 and the Attorney General is of the opinion that Trinidad and Tobago’s national security interests would be prejudiced by disclosure; and
(c) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte.
(3) The Attorney General shall comply with an ICC disclosure order if—
(a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the defendant;
(b) the issue of disclosure arises in the circumstances specified in section 160(1); and
(c) the ICC orders disclosure in accordance with article 72(7)(b)(i) of the Statute.
EDIT.