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

Daley J. Birkett

Research output: Chapter in Book/Report/Conference proceedingChapter

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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.
Original languageEnglish
Title of host publicationThe International Criminal Responsibility of War’s Funders and Profiteers
EditorsNina H. B. Jørgensen
Place of PublicationCambridge
PublisherCambridge University Press
Chapter17
Pages455-480
Number of pages26
ISBN (Electronic)9781108692991
ISBN (Print)9781108483612
DOIs
Publication statusPublished - 30 Sep 2020

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