PART 5. Investigation and prosecution

• Author: International Criminal Court
• Pages: 36-44

36

Rome Statute of the International Criminal Court

PART 5.

INVESTIGATION AND PROSECUTION

Article 53

Initiation of an investigation

1. The Prosecutor shall, having evaluated the information made available to him or her,

initiate an investigation unless he or she determines that there is no reasonable basis

to proceed under this Statute. In deciding whether to initiate an investigation, the

Prosecutor shall consider whether:

(a) The information available to the Prosecutor provides a reasonable basis to

believe that a crime within the jurisdiction of the Court has been or is being

committed;

(b) The case is or would be admissible under article 17; and

(c) Taking into account the gravity of the crime and the interests of victims, there

are nonetheless substantial reasons to believe that an investigation would not

serve the interests of justice.

If the Prosec utor determines that there is no reaso nable basis to proceed and his or

her determinat ion is based solely on subparagraph (c) above, he or she shal l inform

the Pre-Trial Chambe r.

2. If, upon investigation, the Prosecutor concludes that there is not a suff‌icient basis for a

prosecution because:

(a) There is not a suff‌icient legal or factual basis to seek a warrant or summons

under article 58;

(b) The case is inadmissible under article 17; or

(c) A prosecution is not in the interests of justice, taking into account all the

circumstances, including the gravity of the crime, the interests of victims and

the age or inf‌irmity of the alleged perpetrator, and his or her role in the alleged

crime; the Prosecutor shall inform the Pre-Trial Chamber and the State making

a referral under article 14 or the Security Council in a case under article 13,

paragraph (b), of his or her conclusion and the reasons for the conclusion.

3. (a) At the request of the State making a referral under article 14 or the Security

Council under article 13, paragraph (b), the Pre-Trial Chamber may review

a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may

request the Prosecutor to reconsider that decision.

(b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision

of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2

(c). In such a case, the decision of the Prosecutor shall be effective only if

conf‌irmed by the Pre-Trial Chamber.

4. The Prosecutor may, at any time, reconsider a decision whether to initiate an

investigation or prosecution based on new facts or information.