428. The Court's jurisdiction and its exercise.

428.     The Court's jurisdiction and its exercise.

The ICC enjoys subject-matter jurisdiction over the crime of genocide, crimes against humanity, war crimes, and the crime of aggression1. Whether the Court is permitted to exercise this jurisdiction depends on further factors.

The exercise by the ICC of its jurisdiction depends first on the crime and on whether the proceedings arise, on the one hand, out of a situation referred to the Prosecutor by a state party2 or an investigation opened by the Prosecutor proprio motu3 or, on the other hand, out of a situation referred to the Prosecutor by