The Court shall have the authority to conduct independent investigations into conduct that may constitute an offence within its jurisdiction.
The Prosecutor may initiate an investigation where there are reasonable grounds to believe that conduct within the jurisdiction of the Court may have occurred.
The Court may also initiate an investigation on its own initiative where credible information indicates the possible commission of serious crimes, including genocide, crimes against humanity, war crimes, human trafficking, sexual exploitation of children, abduction, or other serious violations within its jurisdiction.
The Court may receive information concerning possible crimes from States Parties, non-State authorities, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, journalists, media organisations, whistleblowers, or other reliable sources.
The Prosecutor shall assess information received and may conduct preliminary inquiries to determine whether a formal investigation is justified.
Investigators acting under the authority of the Court may, subject to this Treaty and applicable law: a. interview victims, witnesses, suspects, and other persons; b. obtain, preserve, examine, and analyse documents and physical evidence; c. collect digital evidence, electronic communications, photographs, recordings, financial records, and other relevant material; d. conduct forensic examinations; e. inspect relevant locations and property; f. request information and assistance from national authorities and international organisations; g. identify, trace, freeze, and preserve assets reasonably suspected of being connected to offences within the jurisdiction of the Court; and h. take other lawful investigative measures authorised by the Court.
Where an investigative measure requires judicial authorisation, the Prosecutor or authorised investigator shall apply to the appropriate judge or judicial chamber for a warrant or other lawful order.
The Court may issue orders for the preservation of evidence where there is a reasonable risk that evidence may be destroyed, altered, concealed, transferred, or otherwise made unavailable.
The Court may request assistance from a State Party in conducting an investigation within that State's territory. A State Party shall cooperate in accordance with this Treaty and its obligations under international law.
The Court may establish agreements or arrangements with States, international organisations, law-enforcement bodies, humanitarian organisations, forensic institutions, and other competent bodies for the purpose of facilitating investigations.
Investigators shall act independently, impartially, professionally, and without discrimination.
Investigators shall seek both incriminating and exonerating evidence and shall not deliberately suppress, destroy, alter, fabricate, or conceal evidence relevant to the investigation.
The Court may establish specialist investigative units where necessary, including units dealing with genocide, war crimes, crimes against humanity, human trafficking, child exploitation, financial crime, cybercrime, environmental crimes, mass casualty events, and other serious offences.
Where an investigation identifies evidence of an immediate and serious threat to human life or safety, the Court may seek urgent protective measures, including orders for the protection of victims and witnesses, preservation of evidence, prevention of further criminal conduct, or other measures authorised by this Treaty.
Investigations may be conducted through secure remote methods where appropriate, including remote interviews, digital evidence collection, secure communications, and other technological means approved by the Court.
The Court shall maintain appropriate records of investigations and shall establish procedures for the secure storage, authentication, preservation, and eventual disclosure of investigative material.
Investigations shall be conducted in a manner consistent with the rights of suspects, accused persons, victims, and witnesses established by this Treaty.
Nothing in this Article shall prevent the Court from investigating conduct occurring before the establishment of the Court where the Court has lawful jurisdiction over that conduct under this Treaty or another applicable international agreement.