On 28 October 2021, based on thorough legal and factual analysis of the information available, the Office concluded that there was not a reasonable basis to believe that potential cases arising from an investigation of the situation would be admissible. This was because, based on an assessment of the facts as they presently exist, the national authorities of Colombia could not be characterised as being inactive, nor unwilling or unable to genuinely investigate and prosecute relevant Rome Statute crimes. Accordingly, the Prosecutor decided to close the preliminary examination, subject to possible reconsideration upon a significant change of circumstances.
On 29 September 2022, based on thorough legal and factual analysis of the information available, the Office of the Prosecutor concluded that there was not a reasonable basis to believe that potential case(s) arising from an investigation of the situation would be admissible. This was because, based on an assessment of the facts as they presently exist, the national authorities of Guinea could not be characterised as being inactive, nor unwilling or unable to genuinely investigate and prosecute relevant Rome Statute crimes. Accordingly, the Prosecutor decided to close the preliminary examination, subject to possible reconsideration upon a significant change of circumstances.
The opening of the preliminary examination of the situation in Nigeria was made public on 18 November 2010. The Office of the Prosecutor has received various communications under article 15 of the Rome Statute in relation to the situation in Nigeria. The Office has examined information regarding a wide range of alleged crimes committed on the territory of Nigeria since 2010. While the Office's preliminary examination has primarily focused on alleged crimes committed by Boko Haram since July 2009 and by the Nigerian Security Forces since the beginning of the non-international armed conflict between the Nigerian Security Forces and Boko Haram since June 2011, it has also examined alleged crimes falling outside the context of this conflict. Since 2015, the preliminary examination also focused on the existence and genuineness of national proceedings in relation to these crimes. On 11 December 2020, Prosecutor Fatou Bensouda announced the completion of the preliminary examination, having concluded that there was a reasonable basis to believe that war crimes and crimes against humanity were committed.
On 28 October 2015, based on thorough legal and factual analysis of the information available, the Office concluded that there is no reasonable basis to proceed with an investigation, and decided to close the preliminary examination.
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 29 November 2017, the Prosecutor notified PTC I of her "final decision", as required by rule 108(3). Having carried out a thorough review of all the submissions made and all the information available, including information newly made available in 2015-2017, the Prosecutor remained of the view that the information available did not provide a reasonable basis to proceed with an investigation. The final decision filed with the Court provided extensive reasoning in support of this conclusion.
On 9 December 2020, the Prosecutor, closed the preliminary examination into Iraq/UK and decided not to request the opening an investigation, having concluded, following a thorough examination, that none of the potential cases arising from the situation would be admissible before the ICC at the present time. This is without prejudice to a reconsideration based on new facts or evidence. The Office's report explains the basis of its conclusion in greater detail.
On 21 September 2018, the Prosecutor concluded that the information available did not provide a reasonable basis to believe that the acts allegedly committed in Gabon in the context of the 2016 post-election violence, either by members of the opposition or by the Gabonese security forces, constitute crimes against humanity within the meaning of the Rome Statute of the ICC. Nor does the information available provide a reasonable basis to believe that the crime of incitement to genocide was committed during the election campaign, and decided to close the preliminary examination.
Phase 2
On 13 February 2020, the Office of the Prosecutor of the ICC received a referral from the Government of the Bolivarian Republic of Venezuela a referral under article 14 of the Rome Statute regarding the situation in its own territory, in accordance with its prerogatives as a State Party to the Rome Statute.
On 14 February 2022, based on a thorough legal and factual analysis of the information available, the Office concluded that there was not a reasonable basis to believe that crimes falling within the subject-matter jurisdiction of the Court had been committed within the scope of the referred situation in Plurinational State of Bolivia ("Bolivia"). Accordingly, the Prosecutor concluded that there was no reasonable basis to proceed with an investigation and decided to close the preliminary examination.
On 23 May 2023, the Office of the Prosecutor of the ICC received a second referral from the Government of the Democratic Republic of the Congo (“DRC”) under article 14 of the Rome Statute regarding the situation in its own territory, in accordance with its prerogatives as a State Party to the Rome Statute. The first referral, received in March 2004 from the Government of the DRC, resulted in the assignment by the Presidency of the situation in the DRC to Pre-Trial Chamber I on 5 July 2004. On 14 October 2024, the Prosecutor announced that he had decided to renew the Office’s investigative efforts in the DRC, with a priority focus given to any alleged Rome Statute crimes occurring in North Kivu since January 2022. This will be done within the scope of the existing DRC situation.
On 30 September 2024, the Republic of Lithuania submitted a referral to the Office of the Prosecutor exercising its prerogative, as a State Party to the Rome Statute, under article 14(1). The Republic of Lithuania requested the Office to investigate alleged crimes against humanity committed in the Republic of Belarus, a non-ICC State party, stating that part of the elements of the alleged crimes was committed on the territory of Lithuania, an ICC State Party.
