Refusal of ICC request - protection of national security

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

114.
(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(a) Part VIII, which relates to the protection of national security or third party information applies; or

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.

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.