Part 1
General Provisions

2. The principle of cooperation
1. All organs of the Federal State, in particular the courts, public prosecutors, custodial authorities and security authorities, have an obligation to cooperate fully with the International Criminal Court.
2. The obligation in paragraph 1 above shall consist in particular, pursuant to this federal law and in accordance with the Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for the enforcement of sentences, and enforcing fines and forfeitures.

Part 2
Specific provisions

Section 2

19. Disclosure and transmission of information affecting national security

1. (Constitutional provision) At the request of the International Criminal Court, judicial assistance shall be provided through the transmission of objects, documents or photocopies or by granting access to records.
2. Should the documents relate to national security, and in particular to military information, the International Criminal Court shall be consulted to ascertain whether the information can be provided by another source or in another form.
3. If the matter cannot be settled through the consultations in paragraph 2 above, the Federal Minister of Foreign Affairs, with the consent of the competent federal minister, prior to granting access to records or to the transmission of photocopies, shall check whether the interests of confidentiality significantly outweigh the interests of providing evidence for an international prosecution. Should that be the case, the International Criminal Court shall be asked for assurance of the maintenance of confidentiality and for details as to how it will be maintained.
4. The Federal Minister of Foreign Affairs shall, with the consent of the competent federal minister, check whether the assurance given as to maintaining confidentiality is to be deemed sufficient. Access to records or the transmission of photocopies is to be refused where confidentiality cannot be ensured and if there are concerns that disclosure could prejudice national security.
5. Paragraphs 2 to 4 above shall also apply where a person who has been called upon to provide information or evidence refuses to do so on the grounds that disclosure would prejudice national security.
6. Prior to being questioned on the basis of a request for judicial assistance from the International Criminal Court, a person shall be informed of his/her right to refuse to 8
answer in order to prevent the disclosure of confidential information relating to national security. This shall be noted in the record. The admissibility of the request for judicial assistance in such cases shall be decided upon in the light of paragraphs 2 to 4 above.

20. Transmission of photocopies or information from third parties

Should the International Criminal Court seek judicial assistance such as the transmission of photocopies of documents or information which were given to Austria by another State or by an intergovernmental or international organisation subject to their confidentiality, such documents may only be transmitted to the International Criminal Court with their consent. The Court shall be informed of any refusal thereof.