Chapter 5. Investigation and prosecution

• Author: International Criminal Court
• Pages: 43-54

43

Rules of Procedure and Evidence

Chapter 5.

Investigation and prosecution

Section I. Decision of the Prosecutor regarding the initiation of an

investigation under article 53, paragraphs 1 and 2

Rule 104

Evaluation of information by the Prosecutor

1. In acting pursuant to article 53, paragraph 1, the Prosecutor shall, in evaluating the

information made available to him or her, analyse the seriousness of the information

received.

2. For the purposes of sub-rule 1, the Prosecutor may seek additional information from

States, organs of the United Nations, intergovernmental and 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. The procedure set out in rule 47

shall apply to the receiving of such testimony.

Rule 105

Notif‌ication of a decision by the Prosecutor not to initiate an investigation

1. When the Prosecutor decides not to initiate an investigation under article 53, paragraph

1, he or she shall promptly inform in writing the State or States that referred a situation

under article 14, or the Security Council in respect of a situation covered by article 13,

paragraph (b).

2. When the Prosecutor decides not to submit to the Pre-Trial Chamber a request for

authorization of an investigation, rule 49 shall apply.

3. The notif‌ication referred to in sub-rule 1 shall contain the conclusion of the Prosecutor

and, having regard to article 68, paragraph 1, the reasons for the conclusion.

4. In case the Prosecutor decides not to investigate solely on the basis of article 53,

paragraph 1 (c), he or she shall inform in writing the Pre-Trial Chamber promptly after

making that decision.

5. The notif‌ication shall contain the conclusion of the Prosecutor and the reasons for the

conclusion.

Rule 106

Notif‌ication of a decision by the Prosecutor not to prosecute

1. When the Prosecutor decides that there is not a suff‌icient basis for prosecution under

article 53, paragraph 2, he or she shall promptly inform in writing the Pre-Trial Chamber,

together with the State or States that referred a situation under article 14, or the Security

Council in respect of a situation covered by article 13, paragraph (b).

2. The notif‌ications referred to in sub-rule 1 shall contain the conclusion of the Prosecutor

and, having regard to article 68, paragraph 1, the reasons for the conclusion.