To initiate an investigation, the Prosecutor must have a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed.

The Prosecutor shall not initiate an investigation unless there are substantial reasons to believe that an investigation would serve the interests of justice  while also “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”.

The International Crime Court can exercise the jurisdiction falling within the scope of the Statute only when the situation has been referred to the Prosecutor by a State party to the Statute.

The International Crime Court has jurisdiction only with respect to crimes committed after the entry into force of the Rome Statute, i.e., on or after July 1, 2002.

The International Criminal Court will only prosecute an individual if states are unwilling or unable to prosecute.