According to Article 13 on the exercise of jurisdiction, the ICC may exercise its jurisdiction with respect to a crime referred to in Article five in accordance with the provision of this statute if :
- A situation in which one or more of such crimes appears to have been committed is referred to the prosecutor by a state of party in accordance with Article 14
- 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 …
- The prosecutor has initiated an investigation in respect to such a crime in accordance with article 15
According to article 14 which talks about referral of a situation by a state party:
- A state party may refer to the prosecutor a situation in which one or more crimes within the jurisdiction of the court appears 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
- 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.
Going by article 5 of the Roman Statute of the ICC, the prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the court.
The prosecutor shall analyze the seriousness of the information received. For this purpose he may seek additional information from states, organs of the United Nations intergovernmental or non-governmental organizations, or other reliable sources that he deems appropriate and may receive written or oral testimony at the seat of the court.
If the prosecutor concludes that there is a reasonable basis to proceed with an investigation, he would submit to the pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected.
Victims may make representations of the Pre-Trial Chamber in accordance with the rules of procedure or evidence.
If the 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 determination by the court and regard to the jurisdiction and admissibility of a case.
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.
Published on the Guardian Post, Edition 1275