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The Prosecutor of the International Criminal Court, Fatou Bensouda, issues her annual Report on Preliminary Examination Activities (2015)
Today, the Prosecutor of the International Criminal Court ("ICC" or the "Court"), Mrs Fatou Bensouda, published her annual Report on Preliminary Examination Activities (2015). The report provides an overview of her Office's preliminary examination activities conducted between 1 November 2014 and 31 October 2015 in relation to nine situations that were under consideration for possible investigation.
During the reporting period, the Office of the Prosecutor ("OTP" or "Office") completed two preliminary examinations - specifically, those in relation to the situations in Honduras and Georgia. Subject to authorisation from the Pre-Trial Chamber seized, the situation in Georgia will proceed to investigation. Seven situations remain under on-going examination (Afghanistan, Colombia, Guinea, Iraq/UK, Palestine, Nigeria and Ukraine). Of these, during the reporting period, one new preliminary examination was opened (Palestine), and another was extended to include alleged crimes previously falling outside the Court's jurisdiction following a second declaration lodged pursuant to article 12(3) of the Rome Statute (Ukraine).
The report provides a summary of the current status of each situation under preliminary examination, including the Office's current analyses with regard to issues of jurisdiction and admissibility, as well as the activities carried out by the OTP in 2015 in order to further this work.
The report aims to promote public awareness and transparency regarding the Office's preliminary examination process and related activities.
This is the fifth annual Report on Preliminary Examination Activities published by the Office. The Office began releasing these reports in 2011 in conjunction with the annual meeting of the Assembly of States Parties.
Under the Rome Statute, the Office is required to conduct an examination of all communications and situations brought to its attention in order to determine whether there is a reasonable basis to proceed with an investigation. The factors set out in article 53(1)(a)-(c) of the Rome Statute establish the legal framework for a preliminary examination. In order to determine whether there is a reasonable basis to proceed with an investigation, the Prosecutor shall consider jurisdiction (temporal, either territorial or personal, and material); admissibility (complementarity and gravity); and the interests of justice.
The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecution of the crimes of genocide, crimes against humanity and war crimes. The Office has been conducting nine investigations in Uganda; the Democratic Republic of the Congo; Darfur, Sudan; the Central African Republic (two separate investigations); Kenya; Libya; Côte d'Ivoire and Mali. The Office is also conducting preliminary examinations relating to the situations in Afghanistan; Colombia; Georgia, Guinea; Iraq/UK; Palestine, Nigeria and Ukraine.
Source : Office of the Prosecutor