Matters outside situations
Regulation 46(3)
Situations are assigned to Pre-Trial Chambers by the ICC Presidency upon the Prosecutor’s information to the Presidency following a referral by a State Party or the UN Security Council or following a request by the ICC Prosecutor to seek authorisation to open an investigation.
According to regulation 46(3) of the ICC Regulations of the Court, any matter, request or information not related to a situation that is not assigned to a Pre-Trial Chamber, shall be directed to a Pre-Trial Chamber according to a roster established by the President of that Division. The President of the Pre-Trial Division, to whom that matter, request or information shall be addressed, will only seize a Pre-Trial Chamber if the matter, request or information does not appear (a) to fall outside the competence of the Pre-Trial Chamber, or (b) to be manifestly frivolous.
In case a Pre-Trial Chamber addresses a matter, request or information, this does not entail the commencement of an investigation.