The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States
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 am...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2016-10-01
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| Series: | Juridical Tribune |
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| Online Access: | http://tribunajuridica.eu/arhiva/An6v2/4%20Kentsa.pdf |
| _version_ | 1827290944444039168 |
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| author | Etienne Kentsa |
| author_facet | Etienne Kentsa |
| author_sort | Etienne Kentsa |
| collection | DOAJ |
| description | 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). |
| first_indexed | 2024-04-24T12:26:17Z |
| format | Article |
| id | doaj.art-60f5282c14e346029a0252a78dd045b8 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:17Z |
| publishDate | 2016-10-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-60f5282c14e346029a0252a78dd045b82024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822016-10-016Special7798The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of StatesEtienne Kentsa 0PhD candidate at the University of Douala, Cameroon, Assistant Lecturer at the Faculty of Social and Management Sciences (Department of Law), University of Buea, CameroonThis 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).http://tribunajuridica.eu/arhiva/An6v2/4%20Kentsa.pdfFineforfeitureforfeiture orderlex foriEnforcement measurescooperation. |
| spellingShingle | Etienne Kentsa The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States Juridical Tribune Fine forfeiture forfeiture order lex fori Enforcement measures cooperation. |
| title | The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States |
| title_full | The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States |
| title_fullStr | The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States |
| title_full_unstemmed | The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States |
| title_short | The enforcement of fines and forfeiture measures ordered by the International Criminal Court: the critical role of States |
| title_sort | enforcement of fines and forfeiture measures ordered by the international criminal court the critical role of states |
| topic | Fine forfeiture forfeiture order lex fori Enforcement measures cooperation. |
| url | http://tribunajuridica.eu/arhiva/An6v2/4%20Kentsa.pdf |
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