permissible under the Statute and the Rules of Procedure and Evidence.
6. 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.
7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:
a) Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4:
i) The Court may, before making any conclusion referred to
in subparagraph 7 "a"ii", request further consultations for
the purpose of considering the State's representations, which
may include, as appropriate, hearings in camera and ex parte;
ii) If the Court concludes that, by invoking the ground
for refusal under article 93, paragraph 4, in the
circumstances of the case, the requested State is not acting
in accordance with its obligations under this Statute, the
Court may refer the matter in accordance with article 87,
paragraph 7, specifying the reasons for its conclusion; and
iii) The Court may make such inference in the trial of the
accused as to the existence or non-existence of a fact, as may
be appropriate in the circumstances; or
b) In all other circumstances:
i) Order disclosure; or
ii) To the extent it does not order disclosure, make such
inference in the trial of the accused as to the existence or
non-existence of a fact, as may be appropriate in the
circumstances.
Article 73
Third-party information or documents
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested 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.
Article 74
Requirements for the decision
1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.
2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on ev
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