The preliminary examination of a situation may be initiated by: (a) a decision of the
Prosecutor, taking into consideration any information on crimes under the
jurisdiction of the Court, including information sent by individuals or groups, States,
intergovernmental or non-governmental organisations; (b) a referral from a State
Party or the United Nations (“UN”) Security Council; or (c) a declaration pursuant to
article 12(3) of the Statute by a State which is not a Party to the Statute.
3. Once a situation is thus identified, article 53(1) (a)-(c) of the Statute establishes the
legal framework for a preliminary examination. It provides that, in order to
determine whether there is a reasonable basis to proceed with an investigation into
the situation the Prosecutor shall consider: jurisdiction (temporal, either territorial or
personal, and material); admissibility (complementarity and gravity); and the
interests of justice.
4. Jurisdiction relates to whether a crime within the jurisdiction of the Court has been or
is being committed. It requires an assessment of (i) temporal jurisdiction (date of
entry into force of the Statute, namely 1 July 2002 onwards, date of entry into force
for an acceding State, date specified in a Security Council referral, or in a declaration
lodged pursuant to article 12(3)); (ii) either territorial or personal jurisdiction, which
entails that the crime has been or is being committed on the territory or by a national
of a State Party or a State not Party that has lodged a declaration accepting the
jurisdiction of the Court, or arises from a situation referred by the Security Council;
and (iii) material jurisdiction as defined in article 5 of the Statute (genocide; crimes
against humanity; war crimes; and aggression2).
