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1 1 (July 15, 2024)

handle is hein.crs/govepjs0001 and id is 1 raw text is: Ways to Trigger an ICC Investigation State Party A state party to the Rome Statute refers to the Prosecutor a situation in which one or more crimes appear to have been committed. ICC Prosecutor The ICC Prosecutor initiates an investigation propio mot-i.e., on the Prosecutor's own initiative-on the basis of information received regarding allegations of the commission of Rome Statute crimes. S The ICC has jurisdiction if: The crime The crime was was allegedly allegedly committed committed by a by a national of or national of or on on the territory of a theterritoryof a non-state partythat state party to the has accepted the Rome Statute. ICC's jurisdiction. Crimeo ggeso The ICC hasjurisdiction if the alleged crime was committed by a national of or on the territory of a state party AND that party has not opted out of the ICC's jurisdiction over the crime of aggression.* 4he Rome Satute prohibit thaerm exercisng jursdi cin overallegedcrimes Ioaqqresson committedby the natonalofor on the territoyoa non prrytre Security Council The Security Council refers a situation to the ICC Prosecutor pursuant to the Council's authority under Chapter VIl of the U.N. Charter to take measures in response to what the Council determines is a threatto the peace, breach of the peace, or act of aggression. The ICC has jurisdiction over allfour Rome Statute crimes, including the crime of aggression, regardless of where the alleged crime occurred or the nationality of the alleged offender, pursuant to the terms of a Security Council referral. committed by the nationals of either party to the Russia-Ukraine conflict on Ukrainian territory because: Op several state parties to the Rome Statute referred the Ukraine situation to the ICC Prosecutor, and Op Ukraine has accepted the ICC's jurisdiction for that purpose. nationals against Ukraine because: > Russia is neither a party to the Rome Statute nor has accepted the ICC's jurisdiction, and > the Security Council has not referred the situation to the ICC Prosecutor. (Russia's veto power as a permanentCouncilmembereffectivelyprecludes thatjurisdictional avenue.) Information as of July 15, 2024. Prepared by Karen Sokol, Legislative Attorney; Mari Lee, Visual Information Specialist; and Cassandra Higgins, Geospatial Information Systems Analyst. Map source: U.S. Department of State and ESRI. For more information, see CRS Report R48004, TheInternationalCourtofJusticeand the international Criminal Court:A Primer, by Karen SokolC (2024), www.crsgov/Reports/R48004, and Rome Statute of the International Criminal Court, www.icc-cpi.int/sites/default/files/Publica- tions/Rome-Statute.pdf.

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