Rome Statute of the International Criminal Court
Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance
with the provisions of this Statute if:
(a)
A situation in which one or more of such crimes appears to have been
committed is referred to the Prosecutor by a State Party in accordance with
article 14;
(b)
A situation in which one or more of such crimes appears to have been
committed is referred to the Prosecutor by the Security Council acting under
Chapter VII of the Charter of the United Nations; or
(c)
The Prosecutor has initiated an investigation in respect of such a crime in
accordance with article 15.
Article 14
Referral of a situation by a State Party
1.
A State Party may refer to the Prosecutor a situation in which one or more crimes
within the jurisdiction of the Court appear to have been committed requesting the
Prosecutor to investigate the situation for the purpose of determining whether one or
more specific persons should be charged with the commission of such crimes.
2.
As far as possible, a referral shall specify the relevant circumstances and be
accompanied by such supporting documentation as is available to the State referring
the situation.
Article 15
Prosecutor
1.
The Prosecutor may initiate investigations proprio motu on the basis of information on
crimes within the jurisdiction of the Court.
2.
The Prosecutor shall analyse the seriousness of the information received. For this
purpose, he or she may seek additional information from States, organs of the United
Nations, intergovernmental or non-governmental organizations, or other reliable
sources that he or she deems appropriate, and may receive written or oral testimony
at the seat of the Court.
3.
If the Prosecutor concludes that there is a reasonable basis to proceed with an
investigation, he or she shall submit to the Pre-Trial Chamber a request for
authorization of an investigation, together with any supporting material collected.
Victims may make representations to the Pre-Trial Chamber, in accordance with the
Rules of Procedure and Evidence.
4.
If the Pre-Trial Chamber, upon examination of the request and the supporting
material, considers that there is a reasonable basis to proceed with an investigation,
and that the case appears to fall within the jurisdiction of the Court, it shall
authorize the commencement of the investigation, without prejudice to subsequent
determinations by the Court with regard to the jurisdiction and admissibility of a
case.
5.
The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude
the presentation of a subsequent request by the Prosecutor based on new facts or
evidence regarding the same situation.
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