The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons suspected of offences falling within the jurisdiction of the Court.
The Office of the Prosecutor shall not be required to maintain a permanent physical headquarters and may operate primarily through secure digital and remote working systems.
Prosecutors may reside and work in different States and may perform their functions remotely from their homes or other secure locations approved by the Court, provided that appropriate security, confidentiality, and technological safeguards are maintained.
The Court may appoint multiple prosecutors located in different countries and may organise their work through rotation, shared caseloads, specialist teams, regional responsibilities, or other arrangements established by the Court.
The use of remote prosecutors shall not affect the independence, authority, duties, or legal status of the Office of the Prosecutor.
The Prosecutor shall act independently, impartially, objectively, and in accordance with this Treaty, applicable international law, and the Rules of the Court.
The Prosecutor shall not receive instructions from any government, State, political party, military authority, donor, organisation, individual, or other external person concerning whether or how a particular person or matter should be prosecuted.
The Prosecutor may commence a prosecution: a. following an investigation initiated by the Court; b. following a referral authorised under this Treaty; c. following information received from a State Party or other competent authority; d. following information provided by victims, witnesses, organisations, humanitarian bodies, human-rights organisations, or other reliable sources; or e. on the basis of evidence discovered through an independent investigation conducted under Article 27.
Before commencing proceedings, the Prosecutor shall determine whether there are sufficient grounds and admissible evidence to establish a reasonable basis for prosecution.
The Prosecutor shall consider evidence both supporting and contradicting the allegation and shall not deliberately conceal material evidence that may establish innocence or materially undermine the prosecution.
Prosecutors may perform their duties through secure video conferencing, encrypted communications, secure document systems, digital evidence systems, and other appropriate technologies.
The Court may establish secure systems allowing prosecutors in different countries to work together on the same investigation or prosecution without requiring them to travel or maintain permanent offices.
Prosecutors may attend Court proceedings remotely unless the Court determines that physical attendance is necessary for a particular proceeding.
The Prosecutor may: a. bring charges; b. amend charges where permitted by the Rules of the Court; c. withdraw charges where there is insufficient evidence or another lawful reason; d. seek arrest warrants; e. request protective measures; f. request searches, seizures, preservation orders, freezing orders, or other lawful investigative measures; g. appeal judgments or sentences where permitted by this Treaty; and h. perform any other lawful function necessary to carry out the duties of the Office.
The Prosecutor may request the Court to authorise urgent investigative or protective measures where delay could result in serious harm, destruction of evidence, escape of a suspect, or continuation of serious criminal conduct.
The Prosecutor shall give particular consideration to allegations involving genocide, crimes against humanity, war crimes, serious sexual offences against children, sex trafficking, abduction, organised criminal activity, unlawful wars, and other offences within the jurisdiction of the Court.
The Prosecutor may prioritise cases according to the seriousness of the alleged conduct, the strength of available evidence, the protection of victims and witnesses, the likelihood of successful prosecution, and the interests of justice.
No prosecution shall be commenced or discontinued solely because of the nationality, religion, political opinion, social status, wealth, occupation, official position, military rank, royal status, or other status of the person concerned.
The Prosecutor may prosecute persons holding public office where the requirements of jurisdiction and evidence are satisfied.
The Prosecutor may bring proceedings against multiple persons arising from the same conduct where the evidence and interests of justice support doing so.
The Prosecutor may seek the joinder or separation of proceedings where doing so would promote a fair and efficient trial.
The Prosecutor shall maintain appropriate records of prosecutorial decisions and shall provide reasons for significant decisions where required by the Rules of the Court.
Where the Prosecutor decides not to proceed with a matter following a formal investigation, the Court may establish procedures allowing the decision to be reviewed where substantial evidence indicates that the decision may have been unreasonable, improperly influenced, corrupt, or contrary to the interests of justice.
A victim or other authorised participant may, where permitted by the Rules of the Court, request review of a decision not to prosecute.
Any review of a prosecutorial decision shall respect prosecutorial independence and shall not permit political or financial interests to dictate the outcome.
The Prosecutor may cooperate with national prosecutors, international organisations, humanitarian organisations, law-enforcement bodies, and other competent authorities where such cooperation is lawful and consistent with the independence of the Office.
The Prosecutor shall establish appropriate safeguards concerning conflicts of interest, confidentiality, evidence, victim protection, whistleblowers, and the security of investigations.
The Prosecutor shall not publicly declare a person guilty before conviction by the Court.
The Office of the Prosecutor shall maintain appropriate safeguards against malicious, politically motivated, discriminatory, or knowingly false prosecutions.
The Prosecutor may establish specialist teams for genocide, war crimes, crimes against humanity, trafficking, child exploitation, financial crime, corruption, cybercrime, unlawful warfare, and other serious offences falling within the Court's jurisdiction.
The Prosecutor shall be accountable for professional misconduct and shall be subject to the complaints and accountability procedures established under Article 23.
The Court shall establish procedures for the appointment, term of office, removal, independence, remuneration, and accountability of the Prosecutor and other prosecutorial personnel.
The Court may establish physical offices, regional offices, or other permanent facilities in the future where financially practical and where doing so would improve the administration of justice.
Nothing in this Article shall require the Court to establish or maintain physical offices where secure remote systems can adequately perform the required function.
Nothing in this Article shall prevent national authorities from independently investigating or prosecuting conduct that also falls within the jurisdiction of the Court, subject to the provisions of this Treaty concerning jurisdiction and cooperation.
The Rules of the Court shall establish detailed procedures governing prosecutorial decisions, charging, disclosure, appeals, cooperation, remote working, rotation of prosecutors, specialist prosecutorial teams, conflicts of interest, and review of decisions not to prosecute.