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Part 6 The Trial: Le Procès, Art.72 Protection of national security information/Protection de renseignements touchant à la sécurité nationale

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Third party participation — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 72 of the Rome Statute of the International Criminal Court. Article 72 deals with three main concerns of States with respect to information that they consider to be relevant to their national security. The first is the provision of materials to the Court pursuant to the obligations of cooperation of a State Party. The second is the ability to provide the Prosecutor with confidential materials, confident that the Prosecutor is not required to disclose these materials to the defence. The third addresses the intervention of a State to prevent divulgation of such information by a third party, and amounts to a kind of privilege.

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