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

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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.
Original languageEnglish
Pages (from-to)585-602
Number of pages18
JournalLeiden Journal of International Law
Volume32
Issue number3
DOIs
Publication statusPublished - Sep 2019
Externally publishedYes

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

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