of the United Nations, where it appears that one or more crimes within the jurisdiction of the Court have been committed (article 13(b)); or
(iii) the Prosecutor may initiate investigations proprio motu, on the basis of information received from any reliable source as to the commission of crimes within the jurisdiction of the Court (articles 13(c) & 15).
The Prosecutor will be responsible for determining which individuals should be investigated and for which particular crimes, when a "situation" is referred by either a State Party or the Security Council. However, there are rigourous procedures set out in the Statute to ensure that the Prosecutor's decision to proceed with an investigation is reviewed by the Pre-Trial Chamber, that all States Parties are informed of any ICC investigations that have been initiated on the basis of State Party referrals or proprio motu by the Prosecutor, and that States have a chance to challenge certain decisions of the Pre-Trial Chamber in this regard (articles 15 - 19). The Security Council may also request the Court to defer any investigation or prosecution for 12 months, by means of a resolution to that effect adopted under Chapter VII of the UN Charter (article 16).
The Court can only assume jurisdiction where the alleged crime was committed after the entry into force of the Rome Statute (article 11(a)); and, in most cases, where:
(i) the alleged crime was committed on the territory of a State Party; or
(ii) the crime was allegedly committed by a national of a State Party (article 12).
However, non-States Parties may accept the jurisdiction of the Court over particular crimes committed on their territory or by their nationals, by means of a declaration lodged with the Registrar (article 12 (3)). If a State becomes a Party after entry into force of the Statute, the Court may only exercise its jurisdiction with respect to crimes committed after entry into force of the Statute for that State, unless the State has already made a declaration under article 12 (3) as a non-State Party with respect to the crime in question (article 11(b); see also article 126 (2)). In addition, when the Security Council refers a situation to the Court, the Prosecutor may investigate and prosecute crimes that were committed on the territory, or by the nationals, of non-States Parties, and the Court will have jurisdiction over such matters (articles 12 & 13).
General principles of criminal law
The Statute incorporates existing international standards and principles for the prosecution of crimes. For example, no person will be prosecuted or punished by the ICC for any conduct that did not constitute a crime, or did not carry such a punishment, at the time the conduct was performed (articles 22 & 23). In addition, no person will be prosecuted by the ICC for any conduct which formed the basis of crimes for which the person has already been convicted or acquitted by the Court, or by another court, unless the proceedings in another court were for the purpose of shielding that person from criminal responsibility, or were not conducted independently or impartially in accordance with the norms of due process recognized by international law, and were conducted in a manner that was inconsistent with an intent to bring the person to justice (article 20). Article 26 also provides that no person will be prosecuted who was under the age of 18 at the time of the alleged crime.
The Statute provides for individual criminal responsibility, including responsibility as an accessory or accomplice to a crime, or other similar involvement in the commission or attempted commission of a crime (article 25)). However, under article 25 (1), the Court only has jurisdiction over natural persons. The Court therefore does not have jurisdiction over corporations per se (as might be the case in national law, when such law lists corporation
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