The Court potentially has jurisdiction over ICC crimes allegedly committed on the territory of Georgia, including forced displacement of civilians, killing of peacekeepers and attacks against civilian targets. “The Rome Statute ensures the end of impunity” said ICC Prosecutor Moreno-Ocampo from The Hague. “States have the primary responsibility to investigate and prosecute; the Court only steps in if there are no genuine national proceedings.”
During the visit, the delegation received an update on national investigations being carried out by the Chief Prosecutor of Georgia and his team, and met with the State Minister for Reintegration, the Chief of the Supreme Court, and other senior officials from the Ministries of Justice, Foreign Affairs and Defence. The delegation also met with Georgian NGOs (the Human Rights Centre, the Human Rights House Tbilisi, Georgian Young Lawyers’ Association, etc.).
“We appreciate the co-operation of the Georgian authorities,” said the Prosecutor. “It is mandatory that those most responsible for serious crimes be investigated.”
The OTP made the preliminary examination public on August 2008. Georgia has been a State Party to the Rome Statute since 5 September, 2003. Both the Russian and Georgian authorities provided substantial information on their respective national investigations. The Office conducted a previous visit to Georgia in November 2008, and to the Russian Federation in March 2010.
A preliminary examination is the first phase of the Office of the Prosecutor activities, in order to assess if an investigation should be opened. The Office first assesses whether crimes falling under the ICC jurisdiction may have been, or are possibly being committed in a given situation; whether genuine investigations and prosecutions are being carried out by the competent authorities in relation to these crimes; and, as a third step, whether the possible opening of an investigation by the Prosecutor would not go against the interests of justice. During this phase, and in accordance with article 15, the Office proactively evaluates all information on alleged crimes from multiple sources, including “communications” from individuals and parties concerned. The triggering of a preliminary examination does not imply that an investigation will be opened.
The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes if national authorities with jurisdiction are unwilling or unable to do so genuinely.
The Office of the Prosecutor is currently investigating in five situations: The Democratic Republic of Congo, northern Uganda, the Darfur region of Sudan, the Central African Republic and Kenya.
