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4 - Triggering the Jurisdiction

Published online by Cambridge University Press:  09 June 2020

William A. Schabas
William A. Schabas
Affiliation:
Middlesex University, London
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Summary

Before investigations may begin, the jurisdiction of the Court with respect to a ‘situation’ must be triggered in one of three ways: a resolution of the United Nations Security Council, referral by a State Party and decision of the Pre-Trial Chamber authorizing the Prosecutor to proceed proprio motu. When the Security Council or a State Party refers a situation, the Prosecutor conducts a preliminary examination before deciding to proceed with an investigation. Should the Prosecutor decline to investigate, the Security Council or the State Party may apply for judicial review of the decision by the Pre-Trial Chamber. Special rules apply for triggering of jurisdiction over the crime of genocide by a State Party or by the Prosecutor. Pursuant to Article 16, the Security Council may temporarily block prosecution of a situation.

Keywords

Security CouncilProprio MotuProsecutorpreliminary examinationdeferralreferral
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Chapter
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An Introduction to the International Criminal Court , pp. 151 - 180
Publisher: Cambridge University Press
Print publication year: 2020

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