Pre-trial 'protective measures for the purpose of forfeiture' at the International Criminal Court: safeguarding and balancing competing rights and interests

Daley J. Birkett

doi:10.1017/S0922156519000153

Pre-trial 'protective measures for the purpose of forfeiture' at the International Criminal Court: safeguarding and balancing competing rights and interests

Daley J. Birkett

Research output: Contribution to journal › Article › peer-review

5 Citations (Scopus)

87 Downloads (Pure)

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.

Original language	English
Pages (from-to)	585-602
Number of pages	18
Journal	Leiden Journal of International Law
Volume	32
Issue number	3
DOIs	https://doi.org/10.1017/S0922156519000153
Publication status	Published - Sept 2019
Externally published	Yes

Bibliographical note

Copyright the Author(s) 2019. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

assets
forfeiture
human rights
International Criminal Court
protective measures

Access to Document

10.1017/S0922156519000153Licence: CC BY

Publisher version (open access)Final published version, 264 KBLicence: CC BY

Cite this

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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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AB - 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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Pre-trial 'protective measures for the purpose of forfeiture' at the International Criminal Court: safeguarding and balancing competing rights and interests

Abstract

Bibliographical note

Keywords

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Pre-Trial 'Protective Measures for the Purpose of Forfeiture' at the International Criminal Court: A Human Rights Perspective

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Pre-trial 'protective measures for the purpose of forfeiture' at the International Criminal Court: safeguarding and balancing competing rights and interests

Abstract

Bibliographical note

Keywords

Access to Document

Other files and links

Fingerprint

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Pre-Trial 'Protective Measures for the Purpose of Forfeiture' at the International Criminal Court: A Human Rights Perspective

Cite this