Asset Recovery at International(ised) Criminal Tribunals: Fines, Forfeiture, and Orders for Reparations

Birkett, Daley (2020) Asset Recovery at International(ised) Criminal Tribunals: Fines, Forfeiture, and Orders for Reparations. In: The International Criminal Responsibility of War's Funders and Profiteers. Cambridge University Press, Cambridge, pp. 455-480. ISBN 9781108483612, 9781108692991

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Official URL: https://doi.org/10.1017/9781108692991.018

Abstract

This chapter critically examines the development of the fine and asset forfeiture measures in both the constituent instruments and case law of international(ised) criminal tribunals since Nuremberg. The chapter demonstrates that such procedures have been underutilised in practice, even though many perpetrators of international crimes were, in fact, solvent. While recognising that the origins of international criminal law were chiefly retributive, in light of the fine and asset forfeiture regimes found in the frameworks of a number of international(ised) criminal tribunals, the chapter contends that the Court's fine and asset forfeiture powers were intended by its founders to constitute a vital part of its reparative mandate. The chapter concludes that fine and asset forfeiture powers cannot be viewed as outer limits of international criminal justice, but must rather be seen as foundational to this project.

Item Type: Book Section
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 14 Oct 2020 10:03
Last Modified: 14 Oct 2020 10:15
URI: http://nrl.northumbria.ac.uk/id/eprint/44508

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