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The International Crimes Act, 2008
subject to conditions. If after consultations the matter cannot be resolved,
the Court shall modify the request as necessary.
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.
5. Before denying a request for assistance under paragraph 1 (l), the
requested State shall consider whether the assistance can be provided
subject to specified conditions, or whether the assistance can be provided
at a later date or in an alternative manner, provided that if the Court or the
Prosecutor accepts the assistance subject to conditions, the Court or the
Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall
promptly inform the Court or the Prosecutor of the reasons for such
denial.
7. (a) The Court may request the temporary transfer of a person in custody
for purposes of identification or for obtaining testimony or other
assistance. The person may be transferred if the following conditions are
fulfilled:
(i) The person freely gives his or her informed consent to the
transfer; and
(ii) The requested State agrees to the transfer, subject to such
conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the
purposes of the transfer have been fulfilled, the Court shall return the
person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and
information, except as required for the investigation and proceedings
described in the request.
(b) The requested State may, when necessary, transmit documents or
information to the Prosecutor on a confidential basis. The Prosecutor may
then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the
Prosecutor, subsequently consent to the disclosure of such documents or
information. They may then be used as evidence pursuant to the
provisions of Parts 5 and 6 and in accordance with the Rules of Procedure
and Evidence.
9. (a)
(i) In the event that a State Party receives competing requests,
other than for surrender or extradition, from the Court and
from another State pursuant to an international obligation, the
State Party shall endeavour, in consultation with the Court
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