Rome Statute of the International Criminal Court
Article 54
Duties and powers of the Prosecutor with respect to investigations
1.
2.
3.
The Prosecutor shall:
(a)
In order to establish the truth, extend the investigation to cover all facts and
evidence relevant to an assessment of whether there is criminal responsibility
under this Statute, and, in doing so, investigate incriminating and exonerating
circumstances equally;
(b)
Take appropriate measures to ensure the effective investigation and
prosecution of crimes within the jurisdiction of the Court, and in doing so,
respect the interests and personal circumstances of victims and witnesses,
including age, gender as defined in article 7, paragraph 3, and health, and
take into account the nature of the crime, in particular where it involves
sexual violence, gender violence or violence against children; and
(c)
Fully respect the rights of persons arising under this Statute.
The Prosecutor may conduct investigations on the territory of a State:
(a)
In accordance with the provisions of Part 9; or
(b)
As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).
The Prosecutor may:
(a)
Collect and examine evidence;
(b)
Request the presence of and question persons being investigated, victims and
witnesses;
(c)
Seek the cooperation of any State or intergovernmental organization or
arrangement in accordance with its respective competence and/or mandate;
(d)
Enter into such arrangements or agreements, not inconsistent with
this Statute, as may be necessary to facilitate the cooperation of a State,
intergovernmental organization or person;
(e)
Agree not to disclose, at any stage of the proceedings, documents or
information that the Prosecutor obtains on the condition of confidentiality
and solely for the purpose of generating new evidence, unless the provider of
the information consents; and
(f)
Take necessary measures, or request that necessary measures be taken, to
ensure the confidentiality of information, the protection of any person or the
preservation of evidence.
Article 55
Rights of persons during an investigation
1.
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In respect of an investigation under this Statute, a person:
(a)
Shall not be compelled to incriminate himself or herself or to confess guilt;
(b)
Shall not be subjected to any form of coercion, duress or threat, to torture or
to any other form of cruel, inhuman or degrading treatment or punishment;
(c)
Shall, if questioned in a language other than a language the person fully
understands and speaks, have, free of any cost, the assistance of a competent
interpreter and such translations as are necessary to meet the requirements
of fairness; and