Refusal of ICC request - protection of national security

United Kingdom of Great Britain and Northern Ireland

International Criminal Court Act 2001 (2014)

Part 3 Other forms of assistance

National security

39 Production or disclosure prejudicial to national security

(1) Nothing in any of the provisions of this Part, or any corresponding provision of an Act of the Scottish Parliament, requires or authorises the production of documents, or the disclosure of information, which would be prejudicial to the security of the United Kingdom.
(2) For the purposes of any such provision a certificate signed by or on behalf of the Secretary of State to the effect that it would be prejudicial to the security of the United Kingdom for specified documents to be produced, or for specified information to be disclosed, is conclusive evidence of that fact.

The International Criminal Court Act 2001 (Overseas Territories) Order 2009

PART 3
OTHER FORMS OF ASSISTANCE

National Security

Production or disclosure prejudicial to national security
43.—(1) Nothing in any of the provisions of this Part requires or authorises the production of documents, or the disclosure of information, which would be prejudicial to the security of the United Kingdom or of any overseas territory.

(2) For the purposes of any such provision a certificate signed by or on behalf of the Secretary of State to the effect that it would be prejudicial to the security of the United Kingdom, or of a specified overseas territory, for specified documents to be produced, or for specified information to be disclosed, is conclusive evidence of that fact.

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.