4
Article 46F
Exercise of Jurisdiction
The
Court
may
exercise
its jurisdiction
with
respect
to a crime
article 28A in accordance with the provisions of this Statute if: 1.
referred
to in
A situation in which one or more of such crimes appears to have been
committed is referred to the Prosecutor by a State Party;
A situation in which one or more of such crimes appears to have been
committed is referred to the Prosecutor by the Assembly of Heads of State
and Government of the African Union or the Peace and Security Council of
the African Union.
The Prosecutor has initiated an investigation in respect of such a crime in
accordance with article 46G.
Article 46G
The Prosecutor
The Office of the Prosecutor may initiate investigations proprio motu
the basis of information on crimes within the jurisdiction of the Court.
on
The Office of the Prosecutor shall analyze the seriousness of information
received. For this purpose, he or she may seek additional information from
States, organs of the African Union or United Nations,
or non-governmental
organizations,
intergovernmental
or other reliable sources that he or
she deems appropriate, and may receive written or oral testimony.
If the Office of the Prosecutor concludes that there is a reasonable basis to
proceed with an investigation, it shall submit to a Pre-Trial Chamber a
request for authorization of an investigation, together with any supporting
material collected. Victims may make representations
Chamber, in accordance with the Rules of the Court.
to the
Pre-Trial
If the Pre-Trial Chamber, upon examination of the request and supporting
material,
considers
that there
is a reasonable
basis to proceed
with an
investigation, and that the case appears to fall within the jurisdiction of the
Court, it shall authorize the commencement of the investigation, without
prejudice to subsequent determinations by the Court with regard to the
jurisdiction and admissibility of a case.
The refusal of the Pre-Trial Chamber to authorize the investigation shall
not preclude the presentation of a subsequent request by the Office of the
Prosecutor based on new facts or evidence regarding the same situation.