- Elements of crimes — International criminal law, conduct of proceedings — Evidence
This chapter comments on Article 18 of the Rome Statute of the International Criminal Court. Article 18 applies when a situation has been referred to the Court by a State Party and the Prosecutor has deemed that there is reasonable basis to commence an investigation. The Prosecutor is required to notify both States Parties and ‘those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned’. Within one month of receiving notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts relating to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.
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