Rome Statutes of the ICC - Articles 13 through 15

Article 13  Exercise of Jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions 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 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;  or The Prosecutor has initiated an investigation in respect of such a crime in accordance with Article 15;

Article 14  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 appear 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.  

Article 15  Prosecutor

The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court. 

The Prosecutor shall analyse the seriousness of the information received.  For this purpose, he or sh e may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she 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, together with any supporting material collected, Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

If the Pre-Trial 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 determinations by the Court with 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. 

If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information.  This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.