Pre-trial ‘Protective Measures for the Purpose of Forfeiture’ at the International Criminal Court: Safeguarding and balancing competing rights and interests

Birkett, Daley (2019) Pre-trial ‘Protective Measures for the Purpose of Forfeiture’ at the International Criminal Court: Safeguarding and balancing competing rights and interests. Leiden Journal of International Law, 32 (3). pp. 585-602. ISSN 0922-1565

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Abstract

The International Criminal Court is empowered by its constituent instrument to request its states parties to identify, trace, freeze, and seize assets ‘after a warrant of arrest or a summons has been issued … having due regard to the strength of the evidence and the rights of the parties concerned’. This article critically examines the approach adopted by the Court to requesting such protective measures at the pre-trial phase, reflecting on how the rights and interests of the primary stakeholders implicated by this process: (i) accused persons, (ii) the Prosecutor, (iii) victims, and (iv) bona fide third parties, are safeguarded and balanced.

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