On 8 October 2015, the Presidency of the International Criminal Court (“ICC” or the “Court”) assigned the Situation in Georgia to Pre-Trial Chamber I, following a notification by the Prosecutor, Mrs Fatou Bensouda, of her intention to submit a request to a Pre-Trial Chamber for authorisation to open an investigation into the situation in Georgia. Pre-Trial Chamber I is composed of Judge Joyce Aluoch (Presiding), Judge Cuno Tarfusser, and Judge Péter Kovács.
Georgia deposited its instrument of ratification to the Rome Statute, the Court’s founding treaty, on 5 September 2003. The ICC Prosecutor announced the preliminary examination of the Situation in Georgia on 14 August 2008. On the basis of the information available, Prosecutor Bensouda has concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Georgia in the context of the armed conflict of August 2008. The Prosecutor indicated that, pursuant to article 15(3) of the Rome Statute, she will shortly submit a request to the Pre-Trial Chamber for authorisation to open an investigation into this Situation.
Once the Prosecutor will have submitted her request, it will then be for the Judges of Pre-Trial Chamber I to decide whether or not to authorise the Prosecutor to open an investigation into the Situation. The Judges will have to consider whether there is a reasonable basis to proceed with an investigation, upon examination of the Prosecutor’s request and the supporting material.
The Prosecutor will be releasing a public statement following the submission of her request under article 15(3) of the Rome Statute.
