Understanding the International Criminal Court

35. What happens when a situation is referred to the ICC for investigation? 

The  Prosecutor  determines  whether,  in  his  or  her  opinion,  the  Court  has  jurisdiction  with  respect

to  the  alleged  crimes.  Following  a  thorough  analysis  of  the  available  information,  the  Prosecution

decides whether there is a reasonable basis to proceed with an investigation. Thus, it must establish

whether the crime of genocide, crimes against humanity or war crimes may have been committed and,

if so, whether they were committed after 1 July 2002. The Prosecution must also ascertain whether

any national authorities are conducting a genuine investigation or trial of the alleged perpetrators of

the crimes. Lastly, it must notify the States Parties and other States which may have jurisdiction of its

intention to initiate an investigation.