Rome Statute of the International Criminal Court
steps for the purpose of preserving evidence where there is a unique opportunity to
obtain important evidence or there is a significant risk that such evidence may not be
subsequently available.
7.
A State which has challenged a ruling of the Pre-Trial Chamber under this article may
challenge the admissibility of a case under article 19 on the grounds of additional
significant facts or significant change of circumstances.
Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
1.
The Court shall satisfy itself that it has jurisdiction in any case brought before it. The
Court may, on its own motion, determine the admissibility of a case in accordance
with article 17.
2.
Challenges to the admissibility of a case on the grounds referred to in article 17 or
challenges to the jurisdiction of the Court may be made by:
(a)
An accused or a person for whom a warrant of arrest or a summons to appear
has been issued under article 58;
(b)
A State which has jurisdiction over a case, on the ground that it is investigating
or prosecuting the case or has investigated or prosecuted; or
(c)
A State from which acceptance of jurisdiction is required under article 12.
3.
The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction
or admissibility. In proceedings with respect to jurisdiction or admissibility, those
who have referred the situation under article 13, as well as victims, may also submit
observations to the Court.
4.
The admissibility of a case or the jurisdiction of the Court may be challenged only
once by any person or State referred to in paragraph 2. The challenge shall take
place prior to or at the commencement of the trial. In exceptional circumstances, the
Court may grant leave for a challenge to be brought more than once or at a time later
than the commencement of the trial. Challenges to the admissibility of a case, at the
commencement of a trial, or subsequently with the leave of the Court, may be based
only on article 17, paragraph 1 (c).
5.
A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest
opportunity.
6.
Prior to the confirmation of the charges, challenges to the admissibility of a case or
challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber.
After confirmation of the charges, they shall be referred to the Trial Chamber.
Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals
Chamber in accordance with article 82.
7.
If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor
shall suspend the investigation until such time as the Court makes a determination
in accordance with article 17.
8.
Pending a ruling by the Court, the Prosecutor may seek authority from the Court:
(a)
To pursue necessary investigative steps of the kind referred to in article 18,
paragraph 6;
(b)
To take a statement or testimony from a witness or complete the collection
and examination of evidence which had begun prior to the making of the
challenge; and
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