of certain types of physical evidence. For example, security officers may be required to protect the scene of a crime until ICC Prosecutor can inspect it. Extra storage facilities may need to be provided to refrigerate bodily samples.
g) Proceeds of crime
States may need special laws to enable the relevant authorities to identify, trace, and freeze the proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties. The difference between such laws and some other search and seizure laws is in the fact that the property will not be returned to the person afterwards, if it is connected to the crimes that the person is found to have committed. In other words, court orders that effectively require the potentially permanent confiscation of property need to be issued before it is proved that the person has actually committed the offence under investigation. Of course, these orders should provide that the property be returned where appropriate. They also need to protect the rights of bona fide third parties.
Where the proceeds of crime are in monetary form, States may need to introduce procedures that allow them to track the movement of large sums of money within the private banking sector. For example, in some jurisdictions, banks are required to notify the appropriate authority of all transactions of 10,000 USD or more.
3.10 Protection of National Security Information
Description
Article 93 (4) provides that a State Party may deny a request for assistance, in whole or in part, if the request concerns the production of any documents or disclosure of any evidence which relates to its national security. Article 72 sets out the procedure for dealing with issues of protection of national security information requested by the Court or a party. It provides that "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", 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 co-operative means. These steps may include modifying or clarifying the request, having the Court determine the relevance of the information or evidence sought, obtaining the information from another source, or agreeing on the use of summaries or redactions. Once all reasonable steps have been taken to resolve this matter co-operatively, then the Court may take steps set out in article 72 (7), such as requesting further consultations with the State or ordering disclosure.
Article 72 also applies to persons who have been requested to give information or evidence, when that person has claimed that disclosure of the information or evidence would prejudice the national security interests of a State and that State agreed with the claim.
Obligations
States have an obligation to co-operate with the Court. Article 72 provides specific guidance in cases where the disclosure of certain information requested by the Court or a party is deemed by a State to be prejudicial to that State's national security interests. States must work co-operatively to resolve the matter. Article 72 (5) gives some examples of how the issue might be resolved co-operatively - for example, agreement could be reached on providing summaries or redactions or other protective measures. If, however, the State and the Prosecutor or Court cannot come to an agreement co-operatively, under article 72 (6) the State has an obligation to notify the Prosecutor or Court of the specific reasons for the decision - unless providing specific reasons would prejudice the State's national security interests.
Article 72 cannot be used to p
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