Refusal of ICC request - protection of national security

Republic of Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

VIII. REFUSAL OF CO-OPERATION AND DEFERMENT OF FULFILLING A REQUEST FOR CO-OPERATION

Article 20
(1) The Republic of Slovenia may for the sake of protecting national security information and under conditions determined by the Statute, decline to co-operate with the Court.
(2) Prior to declining co-operation or assistance, the Ministry, in co-operation with other national bodies of the Republic of Slovenia, must first attempt to resolve the matter by means of co-operation or consultation with the Court.
(3) If the Ministry, in co-operation with other national bodies, despite the adoption and implementation of measures to resolve the matter through co-operation, believes that in no way or under no conditions can it provide or reveal data or documents, without this being detrimental to the national security interests of the Republic of Slovenia, it shall be obliged to inform the Prosecutor or the Court of this, unless a detailed description of the reasons would in itself necessarily be detrimental to national security interests.

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.