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

Preview

Text CUP_Manuscript_Final.pdf - Accepted Version Download (292kB) | Preview

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.

Actions (login required)

View Item

Downloads