The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons accused of offences falling within the jurisdiction of the Court.
The Prosecutor shall act independently and shall not seek or accept instructions from any State, government, political organisation, private organisation, individual, or other external authority.
The Prosecutor shall act objectively and impartially, seeking to establish the truth and to ensure that both incriminating and exonerating evidence is properly considered.
The Prosecutor may initiate prosecutions following: a. an investigation initiated by the Court; b. a referral by a State Party; c. information received from an international organisation, humanitarian organisation, human-rights organisation, civil-society organisation, victim, witness, or other reliable source; or d. any other lawful source of information that provides reasonable grounds for investigation.
The Prosecutor shall independently assess the available evidence and determine whether the legal and evidential requirements for prosecution have been satisfied.
No person shall be prosecuted solely because of their nationality, religion, ethnicity, sex, political opinion, social position, wealth, occupation, official status, or other personal characteristic.
The Prosecutor shall have authority to bring charges where there are reasonable grounds to believe that a person has committed an offence within the jurisdiction of the Court and sufficient evidence exists to justify proceedings.
The Prosecutor may withdraw or amend charges where the evidence no longer supports them, where new evidence becomes available, or where required in the interests of justice.
The Prosecutor shall have authority to request arrest warrants, search warrants, freezing orders, protection orders, preservation orders, and other lawful orders from the Court where necessary for an investigation or prosecution.
The Prosecutor shall cooperate with the Court's investigators, Court Enforcement Service, national authorities, international organisations, and other lawful bodies where such cooperation is necessary to investigate or prosecute offences.
The Prosecutor shall have a duty to protect the integrity of investigations and prosecutions and shall take reasonable measures to prevent intimidation, interference, corruption, destruction of evidence, or improper influence.
The Prosecutor shall establish appropriate procedures for the receipt, assessment, preservation, and disclosure of evidence in accordance with this Treaty and the Rules of the Court.
The Prosecutor shall disclose material evidence that may reasonably assist the defence, subject to lawful protections for victims, witnesses, confidential sources, national security, and other protected information.
The Prosecutor shall not be permitted to interfere with or direct the decisions of judges. Judicial decisions, warrants, rulings, judgments, and sentences shall remain matters for the Court.
The Prosecutor shall be accountable for the proper exercise of the powers granted by this Treaty and shall be subject to appropriate judicial and administrative oversight without compromising prosecutorial independence.
The Prosecutor shall serve a fixed term of office determined by this Treaty or the Rules of the Court and may be removed only through a fair and transparent procedure established by the Court and the Assembly of States Parties.
The Office of the Prosecutor may include Deputy Prosecutors, Assistant Prosecutors, legal officers, investigators, analysts, forensic specialists, and other personnel necessary for the effective administration of justice.
The Prosecutor and members of the Office of the Prosecutor shall act in accordance with this Treaty, applicable international law, the Rules of the Court, and the principles of independence, impartiality, integrity, accountability, and justice.