Act 11
International Criminal Court Act
2010
84. Other situations involving national security.
(1) If, in any circumstances other than those specified in sections 82
and 83, the Minister is of the opinion that the disclosure of information
or documents to the ICC would prejudice Uganda’s national security
interests, the matter shall be dealt with in accordance with the process
specified in sections 85 and 86.
(2) Without limiting subsection (1), this section applies if the
Minister learns that information or documents are being, or are likely to
be, disclosed at any stage of the proceedings, and intervenes in
accordance with article 72(4) of the Statute.
(3) Where, having followed the specified process, the matter has
not been resolved and the ICC has not made an order for disclosure
under article 72(7)(b)(i) of the Statute, the Minister may refuse the
request or decline to authorise the provision of the information or giving
of the evidence, as the case may be.
85. Consultation with ICC required.
The Minister shall consult with the ICC and, if appropriate, the defence,
in accordance with article 72(5) of the Statute.
86. Procedure where no resolution.
(1) If, after consultation, the Minister considers that there are no
means or conditions under which the information or documents or
evidence could be provided or disclosed or given without prejudice to
Uganda’s national security interests, the Minister shall notify the ICC, in
accordance with article 72(6) of the Statute, of the specific reasons for
his or her decision, unless a specific description of the reasons would
result itself in prejudice to Uganda’s national security interests.
(2) The Minister shall use his or her best endeavours with a view to
reaching a mutually satisfactory outcome if—
(a) the ICC determines that the evidence is relevant and necessary
for the establishment of the guilt or innocence of the accused;
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