Refusal of ICC request - protection of national security

Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter IV
Request of the International Court


Article 12. Protection of national security

3.The Responsible Agency, on the motion of the National Security Council of Georgia, may refuse to execute the request of the International Court for cooperation, if the cooperation sought may threaten national security.

Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia

Article 5

Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:

b. affects interests of national security

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 2 Provision of legal assistance in criminal cases

Article 12 - Reasons for denying a request for legal assistance

Legal assistance shall not be provided if:

a. the implementation of a request for legal assistance may cause damage to the sovereignty, security, public order or other essential interests of Georgia;

Chapter 3 Extradition

Article 29

Other circumstances excluding extradition

4(1). Extradition may not be conducted if it contradicts the state sovereignty, safety or essential interests of Georgia.

Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 5 Grounds for Refusing Cooperation

Article 21

Grounds for refusing cooperation

1. Unless otherwise provided for by bilateral or multilateral agreements of Georgia, the appropriate law enforcement authorities of Georgia may fully or partially refuse to carry out international cooperation in the law enforcement, if:

b. the cooperation is likely to affect the sovereignty, security, public order or other essential interests of Georgia;

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.