Much criticism has been voiced in regard to the ICC Prosecutor discretion in the selection of situations and cases during the Preliminary Examinations (PE). In fact, while ICL substantive norms seems to have stabilised following the adoption of the Rome Statute, procedural law however, is an ever-evolving area of ICL. This paper proposes to make an assessment of the prosecutorial discretion during PE and assess whether and to what extent such an approach have changed overtime. It is argued that prosecutorial approach sought to overcome criticism by changing its strategy over the years. It is also further argued that such change was only possible because of the framing of the Rome Statute which is embedded with vague terms allowing for flexibility and discretion to the Prosecutor.