Commentary on “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire”

Heinsch, R.W.

The “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire” was the second decision by a Pre-Trial Chamber of the ICC authorising an investigation proprio motu by the Prosecutor. This decision is especially relevant as it further clarified the conditions under Art. 15(4) of the ICC Statute that need to be fulfilled in order to authorise an investigation which has not been triggered by a Security Council referral or a State referral. The Pre-Trial Chamber’s decision is one of currently four decisions authorising the investigation of the Prosecutor investigating on her own initiative. The Pre-Trial Chamber authorised “the commencement of an investigation in Côte d'Ivoire with respect to crimes within the jurisdiction of the court committed since 28 November 2010”. Interestingly it also authorised investigations “with respect to continuing crimes that may be committed in the future […]...Show more

The “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire” was the second decision by a Pre-Trial Chamber of the ICC authorising an investigation proprio motu by the Prosecutor. This decision is especially relevant as it further clarified the conditions under Art. 15(4) of the ICC Statute that need to be fulfilled in order to authorise an investigation which has not been triggered by a Security Council referral or a State referral. The Pre-Trial Chamber’s decision is one of currently four decisions authorising the investigation of the Prosecutor investigating on her own initiative. The Pre-Trial Chamber authorised “the commencement of an investigation in Côte d'Ivoire with respect to crimes within the jurisdiction of the court committed since 28 November 2010”. Interestingly it also authorised investigations “with respect to continuing crimes that may be committed in the future […] insofar as they are part of the context of the ongoing situation in Côte d'Ivoire”. In this context it is important to mention that on 22 February 2012, Pre-Trial Chamber III decided to “expand […] its authorization for the investigation in Côte d'lvoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010”.

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Commentary on “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire”

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