Information sharing

The Mechanism has the mandate to share relevant information, documentation and evidence with competent investigative, prosecutorial and judicial authorities in order to facilitate and expedite criminal proceedings in national, regional or international courts or tribunals. Such proceedings must be fair and independent, and carried out in accordance with international law standards.

When sharing information with such authorities, the Mechanism will comply with UN rules, regulations and policies, relevant international law, including international human rights law, and rules and standards and good practices of other comparable international accountability mechanisms. In particular, it will ensure that no information is shared for use in criminal proceedings which could result in capital punishment.

Before sharing specific information, the Mechanism will also obtain assurances from the entity requesting the information that it will respect the scope of the consent expressed by sources of information, including victims, witnesses, governments and non-governmental providers of information. The Mechanism will only provide information once it is satisfied that the entity receiving the information will take appropriate measures, consistent with the rights of due process and fair trial, to ensure the confidentiality of information and the security of all relevant persons. The Mechanism will therefore carefully study any request for information before deciding whether to provide such material, and if so, ensure that information is shared in an appropriate way.

In accordance with its Terms of Reference, the Mechanism will also establish policies and procedures regarding the sharing of information for uses other than criminal proceedings which could materially contribute to the interests of justice and the deterrence of further crimes. In all such cases, the Mechanism will also need to carefully consider the request to ensure that the sharing of material will not endanger victims, witnesses or information providers, nor jeopardize assurances that the Mechanism will treat information confidentially.

International Court of Justice (CIJ-ICJ/UN-ONU, Capital Photos / Frank van Beek)