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Considers the international law and practice around asset recovery. Starts with UNCAC Chapter 5 and its genesis, and covers what human rights bodies have said on asset recovery and return. Summarizes the national law of major asset-holding states on recovery and return, and looks at four different models for returning assets to states where they were stolen while avoiding those same assets being re-stolen. Considers some of the complications of asset return where the same networks responsible for stealing them are still in power.
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.
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