The Referral “Power” of ICC Prosecutor according to Art. 13 StICC

The present work will be devoted to the power to activate the investigations of the Prosecutor according to art. 13 of the Statute of the International Criminal Court (StICC). The StICC tries to offer some coordination tools, whose correct and careful use should in principle favor a harmonious and effective interaction between the two organs (International Criminal Court (ICC) and Security Council (SC)) and avoid the emergence of conflicts. As we will try to highlight, despite these intent of the statutory provisions, the margin of discretion inevitably granted to ICC and SC in interpreting the extension of the powers recognized to them, can lead to tensions and contrasts of not easy solution.