nce before the Court (article 93 (1)(k)). Confidentiality and national security concerns may also be relevant to items of evidence - see the sections on third-party confidentiality and protection of national security information, below.
Obligations
In general terms, States will need to assist with the following, where requested by the Court:
a) Identification and whereabouts of items (article 93 (1)(a)).
b) Service of documents (article 93 (1)(d)).
c) Examination of places or sites, including grave sites (article 93 (1)(g)).
d) Search and seizure of items (article 93 (1)(h)).
e) Provision of records and documents, including official documents (article 93 (1)(i)).
f) Preservation of evidence (article 93 (1)(j)).
g) Identifying, tracing and freezing evidence of proceeds of crime (article 93 (1)(k)).
Implementation
a) Identification and whereabouts of items
This will probably be more of an issue of allocating resources than of legislation. In short, people will be needed to locate items of evidence for the ICC, such as weapons. In addition, States may need laws to allow the Prosecutor and defence counsel to look for items of evidence on State territory, after consulting with the State in accordance with article 99 (4)(b). The defence will usually need an order from the Court to collect evidence, unless the State consents to their presence on its territory (article 57 (3)(b)).
b) Service of documents, including judicial documents
States need to ensure that their laws on service of documents will apply to ICC documents, so that these can be served within the State's territory, as required.
c) Examination of sites
States may need to review any laws which prohibit persons from visiting or examining or disturbing particular locations in the State's territory. The Statute makes specific mention of the examination of grave sites, which may raise cultural or religious concerns in some States. However, recent experience with the two International Criminal Tribunals has shown that issues such as these can be negotiated, where the gravity of the crime is such that the need for adequate prosecution overrides the need to meticulously observe particular practices.
d) Search and seizure
State laws will need to provide for the issuing of search warrants to allow the relevant authorities to search for property and seize items of evidence, on behalf of the ICC. In addition, these laws and procedures could allow representatives of the Prosecution and the defence counsel to conduct such searches and seize such items after the State has been consulted on the issue. As with body searches, there are different types of searches of property, ranging from a superficial inspection to complete deconstruction of objects into their various components. States need to ensure that they do not carry out searches that are any more invasive or destructive than is necessary, given all the circumstances. Otherwise the evidence that is found may not be admissible, in accordance with article 69 (7).
e) Provision of official documents
States may need laws to allow them to provide official documents to the ICC and defence counsel. For example, data from police files is mentioned specifically in the Security Council Guidelines for National Implementing Legislation prepared for the International Tribunal for Yugoslavia. It is likely that the ICC will also request access to such information, where it concerns crimes within its jurisdiction.
f) Preservation of evidence
States may need laws to restrict the types of people who have access to evidence that is required for the ICC, in order to reduce the risk of anyone tampering with it. States may also need to allocate some extra resources to allow for the preservation
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