y other States that would normally exercise jurisdiction over the crimes concerned. Note that the Prosecutor can provide this notification on a confidential basis, and limit the scope of the information provided to States, if it is necessary to protect certain persons, prevent the destruction of evidence, or prevent certain persons from absconding.
Keeping the ICC informed
Under article 18 (2), States have only one month from such notification in which to inform the Court that they are investigating or have investigated the same matter, and to request the Prosecutor to defer to the State's investigation. This short time period is to ensure that the Court is not subject to unnecessary delays in carrying out its functions. Article 18 (2) provides that "a State may inform the Court of its own investigations" (not "shall"). Although States are not actually obliged to notify the Court of their own investigations, it would be sensible for a State to advise the ICC of its own proceedings, to help avoid an unnecessary duplication of efforts and to ensure that the ICC defers to the State's investigation.
Once a State has requested the deferral of an ICC investigation, the Prosecutor is obliged to cease investigating the matter. However, the Prosecutor can then ask those States to provide periodic reports on the progress of their investigations and any subsequent prosecutions (article 18 (5)). States Parties are required to "respond to such requests without undue delay."
Even if a State does not request the Prosecutor to defer to the State investigation, the Prosecutor can decide to postpone the ICC investigation. The Prosecutor can then request the relevant State to make available information on any proceedings in the same matter (article 19 (11)). Note that States can request the Prosecutor to keep this information confidential.
Responsibilities of the ICC
If the ICC Prosecutor or Pre-Trial Chamber have concerns over the conduct of the State investigation or prosecution, the Pre-Trial Chamber can authorise the Prosecutor to proceed with the investigation, either at first instance, or after a certain period of time has elapsed, or where there has been a significant change of circumstances in the State (article 18 (2) & (3)). Note that States are able to appeal such preliminary rulings on admissibility to the ICC Appeals Chamber, under article 18 (4). Where the Prosecutor made the decision to defer investigation in the absence of notification from the State, the relevant State must be notified if the Prosecutor resumes the investigation (article 19 (11)). In certain circumstances, States can then challenge the admissibility of the case under article 19.
Protection of evidence
While all of these procedures are being followed, there may be periods of time where it is unclear as to which authority - State or ICC - will eventually take charge of the investigation or prosecution. States should ensure that all relevant evidence within their possession is preserved in the meantime, in accordance with article 93 (1)(j). States should also note that the Court might authorise the ICC Prosecutor to collect and preserve evidence during these periods, under articles 18 (6) and 19 (8). Even if a State is challenging the admissibility of a case in the ICC, all orders or warrants issued by the Court prior to the making of the challenge remain in effect (article 19 (9)). Therefore, States may need to co-operate with the ICC Prosecutor until it is clear that the State will be taking responsibility for the investigation and prosecution of the matter (see also article 19 (8)).
Obligations
a) Under article 18 (5), where the ICC Prosecutor has deferred an investigation at the request of a State Party, that State Party must respond in a timely fashion to any requests from th
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