Section 34p. 34

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(f) Soliciting or accepting a bribe as an official of the Court

in connection with his or her official duties.

2. The principles and procedures governing the Court's

exercise of jurisdiction over offences under this article

shall be those provided for in the Rules of Procedure and

Evidence.

The

conditions

for

providing

international

cooperation to the Court with respect to its proceedings

under this article shall be governed by the domestic laws

of the requested State.

3. In the event of conviction, the Court may impose a term

of imprisonment not exceeding five years, or a fine in

accordance with the Rules of Procedure and Evidence, or

both.

4. (a) Each State Party shall extend its criminal laws

penalizing

offences

against

the integrity of its own

investigative or judicial process to offences against the

administration

of

justice

referred

to

in

this

article,

committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it

proper, the State Party shall submit the case to its

competent authorities for the purpose of prosecution.

Those authorities shall treat such cases with diligence

and devote sufficient resources to enable them to be

conducted effectively.

ARTICLE 71

Sanctions for misconduct before the Court

1. The Court may sanction persons present before it who

commit

misconduct,

including

disruption

of

its

proceedings or deliberate refusal to comply with its

directions,

by

administrative

measures

other

than

imprisonment, such as temporary or permanent removal

from the courtroom, a fine or other similar measures

provided for in the Rules of Procedure and Evidence.

2.

The

procedures

governing

the

imposition of the

measures set forth in paragraph 1 shall be those provided

for in the Rules of Procedure and Evidence.

ARTICLE 72

Protection of national security information

1. This article applies in any case where the disclosure of

the information or documents of a State would, in the

opinion of that State, prejudice its national security

interests. Such cases include those falling within the

scope

of

article

56,

paragraphs 2 and 3, article 61,

paragraph 3, article 64, paragraph 3, article 67, paragraph

2, article 68, paragraph 6, article 87, paragraph 6 and

article 93, as well as cases arising at any other stage of the

proceedings where such disclosure may be at issue.

2. This article shall also apply when a person who has

been requested to give information or evidence has

refused to do so or has referred the matter to the State on

the ground that disclosure would prejudice the national

security interests of a State and the State concerned

confirms that it is of the opinion that disclosure would

prejudice its national security interests.

3. Nothing in this article shall prejudice the requirements

of confidentiality applicable under article 54, paragraph 3

(e) and (f), or the application of article 73.

4. If a State learns that information or documents of the

State are being, or are likely to be, disclosed at any stage

of the proceedings, and it is of the opinion that disclosure

would prejudice its national security interests, that State

shall have the right to intervene in order to obtain

resolution of the issue in accordance with this article.

5. If, in the opinion of a State, disclosure of information

would

prejudice

its

national

security

interests,

all

reasonable steps will be taken by the State, acting in

conjunction with the Prosecutor, the defence or the

Pre-Trial Chamber or Trial Chamber, as the case may be,

to seek to resolve the matter by cooperative means. Such

steps may include:

(a) Modification or clarification of the request;

(b) A determination by the Court regarding the relevance

of the information or evidence sought, or a determination

as to whether the evidence, though relevant, could be or

has

been

obtained

from

a

source

other

than

the

requested State;

(c) Obtaining the information or evidence from a different

source or in a different form; or

(d) Agreement on conditions under which the assistance

could

be

provided

including,

among

other

things,

providing

summaries

or

redactions,

limitations

on

disclosure, use of in camera or ex parte proceedings, or

other protective measures permissible under the Statute

and the Rules of Procedure and Evidence.

6. Once all reasonable steps have been taken to resolve

the matter through cooperative means, and if the State

considers that there are no means or conditions under

which the information or documents could be provided

or disclosed without prejudice to its national security

interests, it shall so notify the Prosecutor or the Court of

the specific reasons for its decision, unless a specific

description of the reasons would itself necessarily result in

such prejudice to the State's national security interests.

7. Thereafter, if the Court determines that the evidence is

relevant and necessary for the establishment of the guilt

or innocence of the accused, the Court may undertake

the following actions:

(a) Where disclosure of the information or document is

sought pursuant to a request for cooperation under Part

9 or the circumstances described in paragraph 2, and the

State has invoked the ground for refusal referred to in

article 93, paragraph 4:

(i) The Court may, before making any conclusion referred

to in subparagraph 7 (a) (ii), request further consultations

for the purpose of considering the State's representations,

which may include, as appropriate, hearings in camera

and ex parte;

(ii) If the Court concludes that, by invoking the ground for

refusal

under

article

93,

paragraph

4,

in

the

circumstances of the case, the requested State is not

acting in accordance with its obligations under this

Statute, the Court may refer the matter in accordance

with article 87, paragraph 7, specifying the reasons for its

conclusion; and

(iii) The Court may make such inference in the trial of the

accused as to the existence or non-existence of a fact, as

may be appropriate in the circumstances; or

(b) In all other circumstances:

(i) Order disclosure; or

(ii) To the extent it does not order disclosure, make such

inference in the trial of the accused as to the existence or

non-existence of a fact, as may be appropriate in the

circumstances.

ARTICLE 73

Third-party information or documents

If a State Party is requested by the Court to provide a

document or information in its custody, possession or

control, which was disclosed to it in confidence by a State,

intergovernmental

organization

or

international

organization, it shall seek the consent of the originator to

disclose that document or information. If the originator is

a State Party, it shall either consent to disclosure of the

information or document or undertake to resolve the

issue

of

disclosure

with

the

Court,

subject

to

the

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