The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".

As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".International Criminal Court, September 2010, Communications, Referrals and Preliminary Examinations, Accessed 27 February 2011 The ICC has International Criminal Court 20 August 2008. "ICC Prosecutor confirms situation in Georgia under analysis". Accessed on 20 August 2008."ICC prosecutor eyes possible Afghanistan war crimes", Reuters, 2009-09-09

Some of the communications received by the Prosecutor alleged that crimes had been committed on the territory of states parties to the Court, or by nationals of states parties: in such cases, the Court may automatically exercise jurisdiction. Other communications concerned conduct outside the jurisdiction of states parties: in these cases, the Court can only act if it has received a referral by the United Nations Security Council or a declaration by the relevant state allowing the Court to exercise jurisdiction.

Communications from individuals and organisations should not be confused with referrals from states parties or the United Nations Security Council.International Criminal Court. . Accessed 20 March 2008.

Procedure The court's founding treaty, the Rome Statute, provides that individuals or organizations may submit to the Prosecutor information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications". Before an investigation is opened, each communication is subject to three levels of analysis: initial review, basic reporting and intensive analysis.

Initial review

Every time a complaint is received, the Prosecutor must "analyse the seriousness of the information received"Article 15 of the Rome Statute . Accessed 20 March 2008. and decide whether there is a reasonable basis to open an investigation. The process begins with an initial review, during which many of the communications received are dismissed as "manifestly outside the jurisdiction of the Court". Of the communications received before 1 February 2006, 80% were dismissed for the following reasons:

5% concerned events prior to 1 July 2002. The court can only investigate crimes committed on or after that date. 24% concerned allegations "manifestly outside the subject-matter jurisdiction of the Court". The court can only prosecute three types of crime: genocide, crimes against humanity, and war crimes. Communications have been received about such topics as immigration issues, medical negligence, social security and pension complaints, and employment law. The court also received communications about the crime of aggression, which became a crime under the jurisdiction for the court on 17 July 2018. 13% concerned crimes that were "manifestly outside the personal or territorial jurisdiction of the Court". The Court can generally only prosecute crimes committed on the territory of, or by nationals of, states parties, and crimes referred by the United Nations Security Council. 38% of communications were "manifestly ill-founded because they faltered on multiple jurisdictional grounds or otherwise did not provide a basis for analysis. Examples include general conspiracy claims without specific details; general concerns about local or national politics; or communications failing to provide facts susceptible to analysis."

Analysis and investigation Once it has been determined that a communication is not manifestly outside the court's jurisdiction, the situation is subject to "basic reporting". This involves "simple factual and legal analysis, drawing on communications, referrals, and readily available public information". It was reported that between June 2003 and February 2006, 23 situations had been subject to basic reporting.

Where warranted, a situation may then be subject to "intensive analysis". This involves collecting detailed information from open sources; conducting systematic crime analysis; examining factors such as gravity, complementarity and the interests of justice; seeking additional information; and, in advanced cases, planning for potential investigation. As of February 2006, 10 situations had been subject to intensive analysis; as of August 2008, the situations under analysis included Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia and Kenya.

In deciding whether to open a formal investigation, the Prosecutor must consider four factors:

whether there is a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed; the gravity of the crimes; complementarity with national proceedings; and interests of justice.

Communications received As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”. Communications were received from individuals or groups in at least 103 different countries but, as of 1 February 2006, 60% of the communications originated in just four countries: the United States, the United Kingdom, France and Germany.

The situations listed below have been cited in the media as where communications have been submitted to the court.

Communications concerning states parties As of July 2012, 121 countries are states parties to the Court.International Criminal Court. The States Parties to the Rome Statute . Accessed 2011-02-27.

Afghanistan Amnesty International and Human Rights Watch have both accused the Taliban of deliberately targeting civilians in Afghanistan, including teachers and aid workers. Allegations have also been made of torture and prisoner abuse at the United States army base at Bagram Air BaseSee Bagram torture and prisoner abuse and by Afghan government ministers who were former warlords.Afghanistan: Warlords Implicated in New Abuses July 29, 2003 In April 2008, the Prosecutor confirmed he was undertaking an analysis of the situation there. Speaking in September 2009, he said he was investigating the Taliban, al-Qaeda and troops from the International Security Assistance Force. Allegations had included torture, "massive attacks" and excessive "collateral damage" and information has been obtained from NGOs operating there.

Australia In May 2014 immigration lawyer Tracie Aylmer lodged a complaint against Australian Prime Minister, Tony Abbott and others, in relation to Australia's treatment of asylum seekers. Ms Aylmer alleged Australia's policies violate Article 17(2) of the Rome Statute and that the Australian Government was committing atrocities in breach of Article 7 (Crimes Against Humanity) of the convention. Australian Senator Andrew Wilkie made a similar formal request that the ICC investigate these matters in October 2014. These claims are arguably supported by United Nations special rapporteur on torture Juan Mendez who found that "Australia has violated the right of the asylum seekers, including children, to be free from torture or cruel, inhuman or degrading treatment" Over the course of 2015 a review into offshore detention and a Senate inquiry provided additional evidence of abuse. While the ICC initially declared in September 2014 that "the allegations appear to fall outside the jurisdiction of the Court" as of January 2015, the ICC was reviewing additional information.

Burundi In February 2005 the United Nations Secretary General said that three parties to the civil war in Burundi (a state party of the court) were using child soldiers or committing war crimes against children:

The Party for the Liberation of the Hutu People of Agathon Rwasa, which was responsible for serious violations including the killing and maiming of children and attacking schools The National Council for the Defense of Democracy of Leonard Nyangoma The National Council for the Defense of Democracy-Forces for the Defense of Democracy of the current President of Burundi, Pierre Nkurunziza

The Chief Prosecutor has not announced whether he will formally decide to open an investigation into this matter.

Colombia In February 2005 the United Nations Secretary General said that three parties to the armed conflict in Colombia (a state party of the court, but which has temporarily opted out of war crimes jurisdiction, for up to seven years) were using child soldiers or committing war crimes against children:CHILDREN AFFECTED BY CONFLICT , United Nations.

The United Self-Defence Forces of Colombia (AUC) The National Liberation Army (ELN) The Revolutionary Armed Forces of Colombia (FARC)

In April 2006, the UN High Commissioner for Human Rights office in Colombia said that FARC's attacks on civilians were war crimes within the jurisdiction of the ICC.

FIDH has called on the court to investigate the AUC for crimes against humanity.RIGHTS-COLOMBIA: Paramilitary Crimes Should Be Tried by ICC , Inter Press Service, 2007-10-05, accessed on 2007-10-05

During the 2008 South American diplomatic crisis, the Colombian President Álvaro Uribe called on the court to prosecute Venezuelan President Hugo Chávez for financing FARC's "genocidal" actions.Colombia seeks criminal charges against Chavez , International Herald Tribune, 2008-03-04, accessed on 2008-03-05

The Prosecutor has confirmed that the situation in Colombia is under analysis.

Comoros On May 14, 2013, the government of the Comoros, represented by a Turkish law firm, filed a complaint demanding to investigate the loss of life on the ship Mavi Marmara when that ship was stopped by Israeli army authorities en route to the Gaza Strip. As a result, ICC prosecutor has decided to open a preliminary investigation into that case.

Gambia The Commonwealth Human Rights Initiative stated in September 2007 that they would make a complaint to the court concerning 44 Ghanaians who were allegedly executed in 2005 on the orders of the President of the Gambia, Yahya Jammeh after being accused of planning a coup against him.Gambian killings – case to go to International Court , My Joy Online, 2007-10-09, accessed on 2007-10-10

Georgia A complaint has been received alleging that ethnic cleansing has been carried out by the Abkhazian government (not legally part of Georgia, a state party of the court) against ethnic Georgians. The Georgian state Minister for Conflict Resolution agreed that "human rights violations as well as crimes against humanity committed during the Georgian-Abkhaz conflict are difficult to dispute". The court has stated in a letter to the complainant that an investigation committee started looking into the case in 2004 and requested further information. However, a formal investigation has not yet been opened. The court only has jurisdiction over events that have taken place since its founding in July 2002.

In September 2009, the Prosecutor confirmed that he was gathering information about possible war crimes committed during the 2008 South Ossetia war.

Honduras

In November 2010 the Prosecutor confirmed that he had started preliminary investigations into events surrounding the 2009 Honduran coup d'état.Netherlands: Court Starts 2 Inquiries , The New York Times, 2010-11-18

Iraq