Rome Statute of the International Criminal Court
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:
6.
(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.
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.
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