42 If, after the preliminary examination referred to in paragraphs 1 and 2, the Office of the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, it shall inform those who provided the information. This shall not preclude the Office of the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. Article 46H Complementary Jurisdiction The jurisdiction of the Court shall be complementary to that of the National Courts, and to the Courts of the Regional Economic Communities where specifically provided for by the Communities. The Court shall determine that a case is inadmissible where: a) b) c) d) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable to carry out the investigation or prosecution; The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State to prosecute; The person concerned has already been tried for conduct which is the subject of the complaint; The case is not of sufficient gravity to justify further action by the Court. In order to determine that a State is unwilling to investigate or prosecute in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether the following exist, as applicable: a) b) c) The proceedings were or are being undertaken one or more or decision was made for the purpose of shielding concerned from criminal responsibility for crimes jurisdiction of the Court; the of national the person within the There has been an unjustified delay in the proceedings which in the circumstances is inconsistent concerned to justice; with an intent to bring the person The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.