The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States
Etienne Kentsa ()
Additional contact information
Etienne Kentsa: PhD candidate at the University of Douala, Cameroon, Assistant Lecturer at the Faculty of Social and Management Sciences (Department of Law), University of Buea, Cameroon
Juridical Tribune (Tribuna Juridica), 2016, vol. 6, issue Special, pages 77-98
This paper aims at analyzing the legal regime for the enforcement of fines and forfeiture measures as provided by the Rome Statute of the International Criminal Court (ICC). The institution of this category of penalties and measures is unprecedented in international criminal law and has as major ambition of ensuring reparations for victims. The success of the restorative justice system under the Statute is dependent on the efficiency of the enforcement of fines and forfeitures ordered by the Court. Such success is actually based on domestic legal systems. Analysis of enforcement mechanisms of fines and forfeitures shows that the assistance of State authorities is vital in the enforcement of ICC decisions. To ensure effective enforcement of fines and forfeiture, the Statute enshrines the application of national legislation; which implicitly requires States Parties otherwise to adopt appropriate legislation, at least to undertake the adaptation of existing legislation. The satisfaction of this substantial requirement enables the States Parties to serenely execute their major obligations in this area (the obligation to give effect to fines or forfeitures ordered by the Court and the obligation to protect the rights of bona fide third parties).
Keywords: Fine; forfeiture; forfeiture order; lex fori; Enforcement measures; cooperation. (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
References: View complete reference list from CitEc
Citations Track citations by RSS feed
Downloads: (external link)
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: http://EconPapers.repec.org/RePEc:asr:journl:v:6:y:2016:i:special:p:77-98
Access Statistics for this article
Juridical Tribune (Tribuna Juridica) is currently edited by October
More articles in Juridical Tribune (Tribuna Juridica) from Bucharest Academy of Economic Studies, Law Department Contact information at EDIRC.
Series data maintained by Catalin-Silviu Sararu ().