The Court shall operate alongside national courts and shall not ordinarily prevent a competent national court from exercising jurisdiction over an offence.
The Court may exercise jurisdiction where an offence falls within this Treaty and: a. the offence is of such seriousness or international significance that intervention by the Court is justified; b. national authorities are unwilling or genuinely unable to investigate or prosecute the matter; c. national proceedings are being used to shield a person from genuine accountability; d. national proceedings are manifestly inadequate to secure justice; e. the offence involves conduct affecting multiple States; f. the offence involves serious international criminal conduct; or g. another basis for the Court's jurisdiction exists under this Treaty.
The Court may investigate or prosecute a matter independently of national proceedings where the Court has lawful jurisdiction.
National proceedings shall not prevent the Court from acting where the Court determines that the national proceedings are not genuine, independent, or sufficient to address the alleged conduct.
Where both a national court and the Court are considering substantially the same matter, the Court and the national authorities may communicate and cooperate to avoid unnecessary duplication.
The Court may request national authorities to preserve evidence, protect witnesses, secure persons, or take other urgent measures while the Court considers whether to exercise jurisdiction.
A State Party may refer a matter to the Court, but a referral shall not be required where the Court is otherwise authorised to act under this Treaty.
The Court may take jurisdiction over conduct discovered during another lawful investigation where the newly identified conduct falls within the Court's jurisdiction.
No person shall be exempt from the Court's jurisdiction solely because they have already held, or currently hold, a position within a national government, military, police force, judiciary, monarchy, public authority, international organisation, corporation, or other institution.
Where a person has been finally convicted or acquitted by a competent national court, the Court shall consider the principle against double prosecution, subject to the exceptions established by this Treaty where the national proceedings were fraudulent, corrupt, intended to shield the person from accountability, or otherwise fundamentally defective.
The Court may recognise national investigative material, evidence, judgments, warrants, and other lawful records where appropriate.
The Court may request assistance from national courts concerning evidence, witnesses, expert testimony, legal records, and other judicial matters.
Nothing in this Article prevents a State Party from exercising wider jurisdiction under its own national law.
The Rules of the Court shall establish procedures for determining priority, cooperation, concurrent jurisdiction, national proceedings, referrals, and related matters.