33. How do cases come before the Court?
Any State Party to the Rome Statute can request the Office of the Prosecutor to
carry out an investigation. A State not party to the Statute can also accept the
jurisdiction of the ICC with respect to crimes committed in its territory or by one of
its nationals, and request the Office of the Prosecutor to carry out an investigation.
The United Nations Security Council may also refer a situation to the Court.
34. Can the Prosecutor decide on his own initiative to open an investigation?
Yes, if the Office of the Prosecutor receives reliable information about crimes
involving nationals of a State Party or of a State which has accepted the jurisdiction
of the ICC, or about crimes committed in the territory of such a State, and concludes
that there is a reasonable basis to proceed with an investigation. Such information
can be provided by individuals, intergovernmental or non-governmental
organisations, or any other reliable sources. The Prosecution must, however, obtain
permission from the Pre-Trial Chamber judges before initiating an investigation
under such circumstances.
35. What happens when a situation is referred to the ICC for investigation?
The Prosecutor determines whether, in his or her opinion, the Court has jurisdiction
with respect to the alleged crimes. Following a thorough analysis of the available
information, the Prosecution decides whether there is a reasonable basis to proceed
with an investigation. Thus, it must establish whether the crime of genocide, crimes
against humanity or war crimes may have been committed and, if so, whether they
were committed after 1 July 2002. The Prosecution must also ascertain whether any
national authorities are conducting a genuine investigation or trial of the alleged
perpetrators of the crimes. Lastly, it must notify the States Parties and other States
which may have jurisdiction of its intention to initiate an investigation.
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