The Democratic Republic of Congo referred the situation to The Hague-based ICC in 2004, but has now made a second referral asking that it launch an investigation into the latest alleged crimes, ICC prosecutor Karim Khan said.
"I intend to conduct a preliminary examination promptly," Khan said in a statement.
Kinshasa has accused the M23 rebel group of attacks in the DRC's mineral-rich North Kivu province, and says Rwanda is backing the Tutsi-led militia.
Despite denials from Kigali, independent United Nations experts and several western nations, including the United States, agree with Kinshasa.
The DRC referred the situation to the Hague-based ICC in 2004, but has now made a second referral asking that it launch an investigation into the latest alleged crimes, ICC prosecutor Karim Khan said.
"I intend to conduct a preliminary examination promptly," Khan said in a statement.
The British prosecutor added that this would initially assess "whether the scope of the two situations referred by the DRC government are sufficiently linked to constitute a single situation."
The ICC, founded in 2002 to prosecute war crimes suspects, carries out preliminary examinations into alleged atrocities before deciding whether or not to proceed to a full investigation.
It has already convicted three former militia leaders over conflicts in the DRC including rebel leader Bosco "Terminator" Ntaganda, jailed for 30 years for mass murder, rape, and abduction.
The Tutsi-led M23 has captured swathes of territory in DRC's North Kivu Province since taking up arms in late 2021 after years of dormancy, with over one million people displaced by the fighting.
Armed groups have plagued much of eastern DRC for three decades, a legacy of regional wars that flared in the 1990s and 2000s.
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