Proprio motu investigations icc. This was the first situation in which the Prosecutor opened an investigation proprio motu, rather than by receiving a referral. Apr 28, 2022 · One of the revolutionary aspects of the Rome Statute was the decision to grant the Prosecutor the power to trigger the International Criminal Court’s (ICC or the Court) jurisdiction in the absence of a state or United Nations Security Council referral. The role of the Prosecutor in the ICC was intensively debated during the negotiations of the ICCSt; particularly whether the Prosecutor should have the power to initiate investigations proprio motu, i. 1 As established by Article 13 (c) Rome Statute (hereinafter 'the Statute'), one of the three trigger mechanisms of the Court’s jurisdiction is the Prosecutor’s initiation of an investigation ‘proprio motu’. on her own motion. To guard against the abuse of this power, the Prosecutor was granted the power to initiate investigations proprio motu subject to a caveat 1 As established by Article 13 (c) Rome Statute (hereinafter 'the Statute'), one of the three trigger mechanisms of the Court’s jurisdiction is the Prosecutor’s initiation of an investigation ‘proprio motu’. e. The ICC Prosecutor may start a preliminary examination proprio motu (“on one’s own initiative” in Latin), into alleged atrocity crimes that have occurred either: on the territory, or by a national, of a non-State Party that has consented to the jurisdiction of the ICC. By contrast, the Statute 5 Articles 15(3), 42(1), 53(1) Statute. In Civil Law Proprio motu is used to refer to a decision by the Prosecutor of the International Criminal Court to initiate an investigation into a situation without a referral from the Security Council or a State Party; this power is granted by article 15(1) of the Rome Statute. Nov 27, 2023 · Proceedings in two cases involving charges against three suspects for offences against the administration of justice consisting in corruptly or attempting to corruptly influencing ICC witnesses. Feb 8, 2018 · This chapter deals with the Chinese concern about the possible abuse of the authority by the ICC Prosecutor and the insufficient checks on proprio motu power. Only after the Prosecutor has analysed the seriousness of the information and concluded that there is a reasonable basis to commence an investigation, can a request be made to the Pre-Trial Chamber to launch an investigation. Oct 17, 2023 · The study will then explain, in light of recent developments, why the ICC Prosecutor’s power to act proprio motu is crucial for the effective operation of the Court. Judicial authorisation for the commencement of investigations is required where the Prosecutor wishes to proceed proprio motu pursuant to article 15, which requires the Pre-Trial Chamber to be satisfied that there is a reasonable basis to proceed; article 15(4), Statute. . Jan 1, 2022 · ICC Prosecutor authorised to open proprio motu investigation: 25 October 2017 Current focus: Alleged crimes against humanity committed in Burundi or by nationals of Burundi outside Burundi since 26 April 2015 until 26 October 2017 "Proprio Motu Investigation: International Criminal Court (ICC)" published on by Oxford University Press. It examines whether the post-statute practice of the ICC has confirmed that the mechanisms in place are On 27 January 2016, Pre-Trial Chamber I granted the Prosecutor's request to open an investigation proprio motu in the situation in Georgia, in relation to crimes against humanity and war crimes within the jurisdiction of the Court in the context of an international armed conflict between 1 July and 10 October 2008. lwuigi xzh cabefwhh abecg ptnht tmnuj ffblo fsyct tlvil qxwn