Volume II, s.6 International Criminal Proceedings, 31 Trial Proceedings, Ch.31.5 Protection of National Security Interests
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
Article 72 addresses the problem of the disclosure of information or documents in trial proceedings that may prejudice the national security interests of a State. The problem is to find an adequate solution to the conflict of the following interests. On the one hand, an international criminal tribunal needs to have access to necessary information, documents, and other evidence to be able to effectively conduct trial proceedings. On the other hand, States in possession of sensitive evidence affecting their national security wish to keep this information...