International Criminal Court
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36. How is an investigation conducted?
The Office of the Prosecutor collects the necessary evidence from a variety of
reliable sources, independently, impartially, and objectively. The investigation can
take as long as needed to gather the required evidence. If sufficient evidence would
be collected to establish that specific individuals bear criminal responsibility,
the Prosecutor would then request Judges of a Pre-Trial Chamber to issue either
summonses to appear or warrants of arrest. The responsibility to enforce warrants
of arrest issued by an ICC Chamber remains with States. States Parties to the Rome
Statute have a legal obligation to cooperate fully with the ICC. Other States may be
invited to cooperate with the ICC and may decide to do so on a voluntary basis.
37. Will the ICC prosecute all persons suspected of committing the most
serious crimes?
No. The Court will not be able to bring to justice every person suspected of
committing crimes of concern to the international community. The prosecutorial
policy of the Office of the Prosecutor is to focus its investigations and prosecutions
on those who, having regard to the evidence gathered, bear the greatest
responsibility for such crimes.
38. Can other courts try the perpetrators that the ICC does not prosecute?
Under the principle of complementarity, national judicial systems retain their
responsibility for trying perpetrators of crimes.
The Office of the Prosecutor collects the necessary
evidence from a variety of reliable sources,
independently, impartially, and objectively.
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