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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.15 Prosecutor/Le Procureur

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 15 of the Rome Statute of the International Criminal Court. Article 15 sets out the rules applicable to the exercise of proprio motu (that is, on the Prosecutor's own initiative) triggering of the jurisdiction of the Court. It is closely associated with article 53, dealing with the ‘[i]nitiation of an investigation’. Article 53 confirms that the Prosecutor has the discretion to decide to proceed with an investigation. This issue is partly addressed by article 15 because it contemplates the ‘triggering’ of an investigation by the Prosecutor and the mechanism by which authorization for this is provided by a Pre-Trial Chamber.

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