ry way with the collection and preservation of evidence, in accordance with their duties under the various parts of the Statute, in order to facilitate the work of the Court. Under article 69 (8), the Court is allowed to consider national laws that may apply to the relevance or admissibility of evidence collected by a State. However, the Court may not rule on the application of the State's law. Therefore, representatives of the State who are collecting evidence for ICC proceedings need to be familiar with the requirements of the ICC as well as their national requirements. Whether they have complied with national laws or not is irrelevant for ICC purposes, unless these laws reflect international standards.
Internationally recognised human rights
The procedural provisions of the Rome Statute are based to a large extent on existing international human rights standards in the area of criminal procedure. In assessing "internationally recognised human rights" for the purposes of determining the admissibility of evidence, it is likely that the Court will also rely on the following standards adopted or approved by the UN General Assembly: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Standard Minimum Rules for the Treatment of Prisoners, the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the UN Declaration on the Independence of the Judiciary, the UN Guidelines on the Role of Prosecutors, and the UN Basic Principles on the Role of Lawyers. In addition, the Court may look to the humanitarian law standards set out in the Four Geneva Conventions and their Additional Protocols, since they have also received widespread support within the international community.
As their name suggests, the Rules of Procedure and Evidence will probably elaborate further on the Court's requirements in this regard, but these Rules will be consistent with the relevant provisions of the Statute discussed below. For more detail on these Rules, see the section on "Looking to the Future".
Privileges on confidentiality
Article 69 (5) recognises that certain conversations and written communications should be kept confidential and not exposed to scrutiny of any kind, even by the Court. For example, whatever a lawyer says to their client is generally considered a "privileged" communication in many countries, to which courts cannot demand access. Similarly, health professionals and humanitarian workers need to be able to keep confidential certain information that has been provided by people they have treated or assisted, so that potential patients are not afraid to reveal important information required for diagnosis and treatment. The Rules of Procedure and Evidence will provide a list of the exact types of communications that the ICC considers to be privileged. States should bear these privileges in mind whenever they are collecting evidence for the ICC, so as not to prejudice the trial before the ICC.
Obligations
Whenever States are requested to assist the Court with the collection and preservation of evidence, they should ensure that they observe all relevant standards under the Statute, in addition to their requirements under national laws, as well as the relevant international human rights standards, in order to ensure that the evidence will be admissible before the Court.
Implementation
When States are implementing legislation and procedures to allow the relevant personnel to collect and preserve evidence for the ICC, as detailed below, that legislation and those procedures should make reference to the relevant standards for evidence, as described above. If States have not previously implemented the relevant international human rights standards, then persons collecting and p
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