Exercise of jurisdiction in the International Criminal Court by reference

Abstract

        The International Criminal Court exercises its jurisdiction to punish serious crimes under its statute by referral, so that the Prosecutor will subsequently indict certain persons for their responsibility for those crimes.
         The preconditions for the exercise of jurisdiction provided for in article (12) of the Statute, and the conditions necessary for an action to be admissible before the Court, as provided for in article 17 of the Statute, should be provided, and, otherwise, the proceedings cannot be brought before the court, the requirements of article 12 may be available At the same time, the case is not admissible, i.e. it falls within the jurisdiction of the Court, but the court cannot hear the case, as the State concerned has conducted an investigation of the case or the person concerned has already been tried for the conduct complained of, or if the case is not sufficiently serious.
        This is a study of the Court's exercise of jurisdiction and of the criminal proceedings that have been instituted on the basis of the positions referred to the court.