Article 13
.. An investigation can only be opened following (1) referral of a situation to the Prosecutor by a State Party to the Rome Statute, (Not the State that accepted the jurisdiction under Art.12.(3).), (2) referral of a situation to the Prosecutor by the United Nations Security Council, or (3) authorization by a Pre-Trial Chamber of three judges to the Prosecutor to open an investigation.
.. DO - Regarding (1), a State Party seems to refer a situation in another State Party ; in theory, can refer a situation in non State Party, but the OTP would have jurisdictional constraints in investigation because the non State Party has no obligation to cooperate with ICC ; a State Party seems to be unable to refer situation in non State party that accepted jurisdiction in accordance with art.12.(3).
