ICC: Prosecutor doing preliminary examination not investigation

The International Criminal Court in The Hague, The Netherlands (Photo from the ICC website)

The International Criminal Court (ICC) on Tuesday said that the preliminary examination launched by its prosecutor Fatou Bensouda was not an investigation.

“A preliminary examination is not an investigation. It is an initial step to determine whether there is a reasonable basis to proceed with an investigation,” the court said in a statement sent to INQUIRER.net.

ICC said the United Nations (UN) had officially notified the Hague-based court of its receipt of a written notice from the Philippines that it was withdrawing from the Rome Statute, the founding treaty of the ICC.

“The Court regrets this development and encourages the Philippines to remain part of the ICC family,” the ICC said.

Philippine Ambassador to the UN Teodoro Locsin Jr. delivered the notice to UN Chef de Cabinet Maria Luiza Ribeiro Viotti on March 17.

“The Philippines assures the community of nations that the Philippine Government continues to be guided by the rule of law embodied in its Constitution, which also enshrines the country’s long-standing tradition of upholding human rights,” the letter read.

But the tribunal maintained that quitting ICC would have no impact on ongoing proceedings.

It also said Manila’s withdrawal will not affect the election of sitting Filipino ICC Judge Raul Pangalangan.

According to the court, Besouda “will engage with the national authorities concerned with a view to discussing and assessing any relevant investigation and prosecution at the national level.”

“Should, at the conclusion of the preliminary examination process, the Prosecutor decide to proceed with an investigation, authorisation from a Pre-Trial Chamber of the Court would be required. The Court’s judges would then make an independent assessment as to whether the statutory criteria for the opening of an investigation are met,” the court added. /atm