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17 - Asset Recovery at International(ised) Criminal Tribunals
from Part VI - Discovering and Recovering the Profits of War
- By Daley J. Birkett
Edited by Nina H. B. Jørgensen, University of Southampton
Book:

The International Criminal Responsibility of War's Funders and Profiteers

Published online:

18 September 2020

Print publication:

17 September 2020, pp 455-480
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Summary

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.