Confidentiality re documents and information

Republic of Serbia

Serbia - Law on government authorities in war crimes proceedings 2009 EN

Article 14a
The measures of witness or injured party protection and the degree of confidentiality of evidence determined by the International Criminal Tribunal for the Former Yugoslavia shall remain in force. The amendment or revocation of the protective measures or confidentiality of evidence may be decided by the domestic court, only upon obtaining consent of the International Criminal Tribunal for the Former Yugoslavia.

Rome Statute

Article 93 Other forms of cooperation

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.