How Does the International Criminal Court Start a Case?
There are three ways in which a country can be referred to the ICC. First, the prosecutor of the international criminal court can initiate investigations on any country which is a signatory to the Rome Statute. Second, a country that ratified the Rome Statute can ask the ICC prosecutor to investigate and prosecute cases within its borders. Third, if a country is not a signatory, the UN Security Council can give the ICC prosecutor jurisdiction over crimes that take place in a particular country – this is what is mean by “referring” a country to the International Criminal Court. Since Burma is not party to the Rome Statute, the ICC prosecutor can not on his own initiate an investigation on Burma. The UN Security Council must vote to give the prosecutor jurisdiction. This means that at least 9 of the 15 countries on the Council must vote “yes” and additionally there can be no veto from the five permanent members of the Council – Russia, China, US, France, and the UK. Referrals in Practice
