Chapter 3. Jurisdiction and admissibility

• Author: International Criminal Court
• Pages: 18-22

18

Rules of Procedure and Evidence

Chapter 3.

Jurisdiction and admissibility

Section I. Declarations and referrals relating to

articles 11, 12, 13 and 14

Rule 44

Declaration provided for in article 12, paragraph 3

1. The Registrar, at the request of the Prosecutor, may inquire of a State that is not a Party

to the Statute or that has become a Party to the Statute after its entry into force, on a

conf‌idential basis, whether it intends to make the declaration provided for in article 12,

paragraph 3.

2. When a State lodges, or declares to the Registrar its intent to lodge, a declaration with

the Registrar pursuant to article 12, paragraph 3, or when the Registrar acts pursuant

to sub-rule 1, the Registrar shall inform the State concerned that the declaration under

article 12, paragraph 3, has as a consequence the acceptance of jurisdiction with respect

to the crimes referred to in article 5 of relevance to the situation and the provisions of

Part 9, and any rules thereunder concerning States Parties, shall apply.

Rule 45

Referral of a situation to the Prosecutor

A referral of a sit uation to the Prosecutor shall be i n writing.

Section II. Initiation of investigations under article 15

Rule 46

Information provided to the Prosecutor under article 15, paragraphs 1 and 2

Where infor mation is submit ted under artic le 15, paragraph 1, or where oral or w ritten

testimony is recei ved pursuant to ar ticle 15, paragraph 2, at t he seat of the Court, t he

Prosecutor shal l protect the conf‌identiality of s uch informat ion and testimony or ta ke any

other necessar y measures, pursuant to h is or her duties under the Statute.

Rule 47

Testimony under article 15, paragraph 2

1. The provisions of rules 111 and 112 shall apply, mutatis mutandi s, to testimony received

by the Prosecutor pursuant to article 15, paragraph 2.

2. When the Prosecutor considers that there is a serious risk that it might not be possible

for the testimony to be taken subsequently, he or she may request the Pre-Trial Chamber

to take such measures as may be necessary to ensure the eff‌iciency and integrity of the

proceedings and, in particular, to appoint a counsel or a judge from the Pre-Trial Chamber

to be present during the taking of the testimony in order to protect the rights of the

defence. If the testimony is subsequently presented in the proceedings, its admissibility

shall be governed by article 69, paragraph 4, and given such weight as determined by the

relevant Chamber.