Preliminary examination

Republic of Korea

​On 23 June 2014, the Prosecutor concluded that the statutory requirements to seek authorisation to initiate an investigation of the situation in the Republic of Korea had not been satisfied, based on a thorough legal and factual analysis of the information available. In accordance with article 15(6) of the Rome Statute, this conclusion can be reconsidered in the light of new facts or evidence. Furthermore, the Prosecutor stresses that should any future acts be committed on the Korean peninsula that appear to fall under the Court's jurisdiction, the Prosecutor remains prepared to initiate a preliminary examination into such acts, and to investigate and prosecute the perpetrators as appropriate.

DOCUMENTS

Jurisdiction – General status

The Republic of Korea (RoK) deposited its instrument of accession to the Rome Statute on 13 November 2002. The Court may therefore exercise jurisdiction over crimes listed in the Rome Statute committed on the territory of RoK, or by its nationals on or after 1 February 2003. Under article 12(2)(a) of the Rome Statute this includes jurisdiction over vessels or aircraft registered to the RoK.

Procedural history and focus of the preliminary examination

On 6 December 2010, the then Prosecutor Luis Moreno Ocampo announced the opening of a preliminary examination to assess whether two incidents in the Yellow Sea constituted war crimes under the jurisdiction of the Court: the sinking of the RoK warship the Cheonan on 26 March 2010 and the shelling of the RoK island of Yeonpyeong on 23 November 2010. On 23 June 2014, the Prosecutor concluded that the statutory requirements to seek authorisation to initiate an investigation of the situation in the Republic of Korea had not been satisfied, based on a thorough legal and factual analysis of the information available. In accordance with article 15(6) of the Rome Statute, this conclusion can be reconsidered in the light of new facts or evidence. Furthermore, the Prosecutor stresses that should any future acts be committed on the Korean peninsula that appear to fall under the Court's jurisdiction, the Prosecutor remains prepared to initiate a preliminary examination into such acts, and to investigate and prosecute the perpetrators as appropriate.

On 23 June 2014, the Prosecutor concluded that the statutory requirements to seek authorisation to initiate an investigation of the situation in the Republic of Korea had not been satisfied, based on a thorough legal and factual analysis of the information available. In accordance with article 15(6) of the Rome Statute, this conclusion can be reconsidered in the light of new facts or evidence. Furthermore, the Prosecutor stresses that should any future acts be committed on the Korean peninsula that appear to fall under the Court's jurisdiction, the Prosecutor remains prepared to initiate a preliminary examination into such acts, and to investigate and prosecute the perpetrators as appropriate.