rotect information that is not prejudicial to a State's national security interests. States must act in good faith when invoking protection on the basis of national security.
Implementation
The obligations under article 72 do not necessarily need to be reflected in legislation. The determination of "national security interests" will likely be a decision of the executive. In addition, the designation of appropriate procedures for communication on national security claims will likely be a matter for the executive. However, each State should review its process for designating specific procedures to determine whether legislation is required in this case.
3.11 Protection of Third-Party Information
Description
Article 73 provides for protection of third-party information or documents. According to this article, if a State Party is requested by the Court to provide a document or information in its custody, possession or control that was disclosed to it in confidence by a third party (State, intergovernmental organisation or international organisation), the State must seek the consent of the originator before disclosing the document or information. If the originator is a State Party, then it shall either consent or undertake to resolve the issues subject to article 73. If the originator refuses and is not a State Party, then the State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
Obligations
States must follow the procedure described in article 73 prior to the disclosure of third-party information.
Implementation
The procedures to deal with third-party information, and provision of information to the Court, are likely to be regulated by the executive and not through legislation. However, a State must take into account its national privacy legislation when establishing these procedures, and will need to determine if amendments are required.
3.12 Enforcement of Fines, Forfeiture Orders,
and Reparations Orders
Description
Once a person has been convicted by the ICC, the Court may make a request to a State Party for identification, tracing and freezing or seizing of the relevant proceeds, property and assets and instrumentalities of the crime, for the purpose of eventual forfeiture, if this appears necessary (articles 75 (4) & 93 (1)(k)). State Parties must comply with such requests, in accordance with their obligations under Part 9 of the Statute.
Article 77 allows the Court to impose fines and forfeiture orders on convicted persons, by way of a penalty. In addition, under article 75 (2), the Court may order a convicted person to provide reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Article 109 provides that States Parties must participate in the application and execution of all penalties that are in addition to incarceration. This includes fines and orders for the forfeiture of proceeds of crime, which must be enforced in accordance with the procedures of the national law. Note that this general obligation on States Parties is to be carried out without prejudicing the rights of "bona fide third parties". Article 75 (5) provides that States Parties must also give effect to reparations orders in accordance with the provisions of article 109. Note that orders for reparations may be appealed, by the legal representative of the victims, the convicted person, or a bona fide owner of property adversely affected by such an order (article 82 (4)). A convicted person or the ICC Prosecutor can also appeal decisions on penalties (article 81 (2)(a)). Therefore, States may have to respond to a subsequent request not to enfor
> 1 2 3 ... 270 271 272 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
