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; 62

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