Editing International Criminal Court (section)

=== {{Anchor|Admissibility}}Admissibility requirements ===
To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice.<ref name="RomeStatute" />{{rp|article 53(1)}}

The principle of complementarity means the Court will only prosecute an individual if states are unwilling or unable to prosecute.<ref>{{Cite book |last=Köchler |first=Hans |title=Global justice or global revenge? international criminal justice at the crossroads; philosophical reflections on the principles of the international legal order published on the occasion of the thirtieth anniversary of the foundation of the International Progress Organization |date=2003 |publisher=Springer |others=International Progress Organization |isbn=978-3-211-00795-2 |series=Springer Science |location=Wien}}</ref> Therefore, if legitimate national investigations or proceedings into crimes have taken place or are ongoing, the Court will not initiate proceedings. This principle applies regardless of the outcome of national proceedings.<ref name="RomeStatute" />{{rp|article 17(a)–17(c)}} Even if an investigation is closed without any criminal charges being filed or if an accused person is acquitted by a national court, the Court will not prosecute an individual for the crime in question so long as it is satisfied that the national proceedings were legitimate. The application of the complementarity principle has recently come under theoretical scrutiny.<ref>{{cite web |url=http://crime-in-crisis.com/en/wp-content/uploads/2017/06/62-VIICTOR-KOURAKIS-FS_Final_Draft_26.4.17.pdf |title=The awakening hypothesis of the complementarity principle |last=Tsilonis |first=Victor |access-date=11 August 2017 |archive-url=https://web.archive.org/web/20170812060647/http://crime-in-crisis.com/en/wp-content/uploads/2017/06/62-VIICTOR-KOURAKIS-FS_Final_Draft_26.4.17.pdf |archive-date=12 August 2017 |url-status=live}}</ref><ref name="RomeStatute" />{{rp|article 17(a)–17(c)}}

The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court".<ref name="RomeStatute" />{{rp|article 17(d)}}

The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "[t]aking into account the gravity of the crime and the interests of victims".<ref name="RomeStatute" />{{rp|article 53(1)(c)}} Furthermore, even if an investigation has been initiated and there are substantial facts to warrant a prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve the interests of justice "taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime".<ref name="RomeStatute" />{{rp|article 53(2)(c)}}