Section 19p. 19

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3. Nothing in paragraph 2 (c) and (e) shall affect the

responsibility of a Government to maintain or re-establish

law and order in the State or to defend the unity and

territorial integrity of the State, by all legitimate means.

ARTICLE 9

Elements of Crimes

1.

Elements of Crimes shall assist the Court in the

interpretation and application of articles 6, 7 and 8. They

shall be adopted by a two-thirds majority of the members

of the Assembly of States Parties.

2. Amendments to the Elements of Crimes may be

proposed by:

(a) Any State Party;

(b) The judges acting by an absolute majority;

(c) The Prosecutor.

Such amendments shall be adopted by a two-thirds

majority of the members of the Assembly of States

Parties.

3. The Elements of Crimes and amendments thereto shall

be consistent with this Statute.

ARTICLE 10

Nothing in this Part shall be interpreted as limiting or

prejudicing in any way existing or developing rules of

international law for purposes other than this Statute.

ARTICLE 11

Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes

committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry

into force, the Court may exercise its jurisdiction only with

respect to crimes committed after the entry into force of

this Statute for that State, unless that State has made a

declaration under article 12, paragraph 3.

ARTICLE 12

Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby

accepts the jurisdiction of the Court with respect to the

crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court

may

exercise

its

jurisdiction if one or more of the

following

States

are Parties to this Statute or have

accepted the jurisdiction of the Court in accordance with

paragraph 3:

(a) The State on the territory of which the conduct in

question occurred or, if the crime was committed on

board a vessel or aircraft, the State of registration of that

vessel or aircraft;

(b) The State of which the person accused of the crime is

a national.

3. If the acceptance of a State which is not a Party to this

Statute is required under paragraph 2, that State may, by

declaration lodged with the Registrar, accept the exercise

of jurisdiction by the Court with respect to the crime in

question. The accepting State shall cooperate with the

Court without any delay or exception in accordance with

Part 9.

ARTICLE 13

Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a

crime referred to in article 5 in accordance with the

provisions of this Statute if:

(a) A situation in which one or more of such crimes

appears to have been committed is referred to the

Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes

appears to have been committed is referred to the

Prosecutor by the Security Council acting under Chapter

VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect

of such a crime in accordance with article 15.

ARTICLE 14

Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in

which one or more crimes within the jurisdiction of the

Court appear to have been committed requesting the

Prosecutor to investigate the situation for the purpose of

determining

whether

one

or

more

specific persons

should be charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevant

circumstances and be accompanied by such supporting

documentation as is available to the State referring the

situation.

ARTICLE 15

Prosecutor

1. The Prosecutor may initiate investigations proprio motu

on

the

basis

of

information

on

crimes

within

the

jurisdiction of the Court.

2. The Prosecutor shall analyse the seriousness of the

information received. For this purpose, he or she may

seek additional information from States, organs of the

United Nations, intergovernmental or non-governmental

organizations, or other reliable sources that he or she

deems appropriate, and may receive written or oral

testimony at the seat of the Court.

3. If the Prosecutor concludes that there is a reasonable

basis to proceed with an investigation, he or she shall

submit

to

the

Pre-Trial

Chamber

a

request

for

authorization

of

an

investigation,

together with any

supporting

material

collected.

Victims

may

make

representations to the Pre-Trial Chamber, in accordance

with the Rules of Procedure and Evidence.

4. If the Pre-Trial Chamber, upon examination of the

request and the 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.

5. The refusal of the Pre-Trial Chamber to authorize the

investigation shall not preclude the presentation of a

subsequent request by the Prosecutor based on new

facts or evidence regarding the same situation.

6. If, after the preliminary examination referred to in

paragraphs 1 and 2, the Prosecutor concludes that the

information provided does not constitute a reasonable

basis for an investigation, he or she shall inform those

who provided the information. This shall not preclude the

Prosecutor

from

considering

further

information

submitted to him or her regarding the same situation in

the light of new facts or evidence.

ARTICLE 16

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