Rome Statutes of the ICC: Article 54 Duties of the Prosecutor with respect to investigations

Article 54  Duties of the Prosecutor with respect to investigations

The Prosecutor shall:

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;

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 

Fully respect the rights of persons arising under this Statute. 

The Prosecutor may conduct investigations on the territory of a State:

In accordance with the provisions of Part  9;  or 

As authorized by the Pre-Trial 'Chamber under article 57, paragraph 3 (d).

The Prosecutor may:

Collect and examine evidence;

Request the presence of and question persons being investigated, victims and witnesses;

Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;

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;

Agree not to disclose, at any stage of 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

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.