How does the Rome Statute ensure the independence of the Prosecutor?
While the Prosecutor may initiate investigations when sufficient evidence points to serious violations, detailed provisions are included in the Rome Statute to ensure proper checks and balances with respect to this power. In the first place, the Prosecutor must defer to States willing and able to pursue their own investigations. Before initiating an investigation, the Prosecutor is required to submit all supporting materials collected and to obtain permission to proceed from the Pre-Trial Chamber, composed of three judges. The suspect and the States concerned also have the right to challenge the ICCs jurisdiction or the admissibility of the case either prior to or at the commencement of the trial. These measures provide ample opportunity to ensure that the case is substantial and deserves investigation and prosecution by the Court.
