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The role of International Criminal Court Prosecutor according to art. 16 StICC

Published: Ιαν 15, 2023
Deferral; art. 16 StICC; SC; international criminal law; prosecutor; ICC; UN Charter.
Maurizio Cacioppo

The present research is focused on the deferral power of International Criminal Court (ICC) Prosecutor in order to suspend the judicial activity. 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 ICC and Security Council (SC)) avoiding thus the emergence of conflicts. 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. The final considerations aim to examine the relevance of the possible coordination models of the action of the two bodies, proposed during this introduction, in defining the forms that the interactions between ICC and SC take. Some reflections aimed at highlighting the effects resulting from the dynamics of the relationship between the two organizations on the legitimacy and effectiveness of the ICC action close the investigation.


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