Preliminary Examination

Preliminary Examination

Whether alleged atrocities are referred to the Prosecutor or she uses her proprio motu powers, the case always begins with what is called a “preliminary examination”. Each preliminary examination has four phases of analysis: initial, jurisdictional, admissibility, and interest of justice.  

The ICC Office of the Prosecutor (OTP) may move to a formal investigation called a “situation” if these four phases of analysis are satisfied.