PART VIII
PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION
National Security
157. If an issue relating to Trinidad and Tobago’s national security interests arises at any stage of any proceedings before the ICC, the issue shall be dealt with in the manner provided in article 72 of the Statute and this Part.
158. (1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Attorney General, prejudice Trinidad and Tobago’s national security interests, that request shall be dealt with in accordance with the process specified in sections 161 and 162.
(2) If, having followed the specified process the matter is not able to be resolved, the Attorney General may refuse the request or decline to authorize the production of the documents or giving of the evidence, as the case may be.
159. (1) This section applies if a person who has been requested to give information or evidence—
(a) refuses to do so on the ground that disclosure would prejudice the national security interests of Trinidad and Tobago; or
(b) refers the matter to the Attorney General on the ground that disclosure would prejudice the national security interests of Trinidad and Tobago.
(2) If this section applies, the Attorney General shall determine whether or not he is of the opinion that the giving of information or evidence would prejudice Trinidad and Tobago’s national security interests.
(3) If the Attorney General confirms that he is of the opinion that disclosure would prejudice Trinidad and Tobago’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 161 and 162.
(4) If, having followed the specified process, the matter has not been resolved, the Attorney General may refuse the request or decline to authorize the provision of the information or giving of the evidence, as the case may be.
160. (1) If, in any circumstances other than those specified in sections 158 and 159, the Attorney General is of the opinion that the disclosure of information or documents to the ICC would prejudice Trinidad and Tobago’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 161 and 162.
(2) Without limiting subsection (1), this section applies if the Attorney General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with article 72(4) of the Statute.
(3) If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under article 72(7)(b)(i) of the Statute, the Attorney General may refuse the request or decline to authorize the provision of the information or giving of the evidence, as the case may be.
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.
163. In determining what action to take in relation to a matter to which this Part applies, the Attorney General shall take into account the power of the ICC to refer a matter to the Assembly of States Parties or to the Security Council in accordance with article 87(7) of the Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Statute.
Protection of national security
EDIT.