Asset Freezing at the International Criminal Court and the United Nations Security Council : A Legal Protection Perspective / Daley J. Birkett.

Format:

Book

Author/Creator:

Birkett, Daley, author.

Language:

English

Subjects (All):

International Criminal Court.

United Nations. Security Council.

United Nations.

Assets (Accounting).

Liquidity (Economics).

Physical Description:

1 online resource (237 pages)

Edition:

First edition.

Place of Publication:

The Hague, Netherlands : Eleven International Publishing, [2021]

Summary:

This book examines the legal framework and implications of asset freezing by the International Criminal Court (ICC) and the United Nations Security Council (UNSC). It focuses on the legal protections afforded to individuals whose assets are frozen and explores the impact of these measures on their rights. The work delves into the processes and objectives behind asset freezing, including punitive, preventive, and restorative measures. It also highlights case studies, such as Libya and the Democratic Republic of the Congo, to illustrate the implementation of these measures. The book is intended for academics, government officials, civil society members, and postgraduate students interested in public international law, particularly international criminal justice and human rights law. Generated by AI.

Contents:

Intro

Table of Contents

Table of Instruments

Table of Cases

1 Introduction

1.1 Framing the issue

1.2 Developing the research question

1.3 Methodology

1.4 Roadmap

2 Asset Freezing: Theory, Objects and Purposes

2.1 Introduction

2.2 Asset Freezing and Confiscation

2.2.1 Defining the Parameters

2.2.1.1 Conviction-based confiscation

2.2.1.2 Non-conviction-based confiscation

2.2.2 Justifying the Confiscation and Freezing of Assets

2.2.2.1 Punitive

2.2.2.2 Preventive

2.2.2.3 Restorative

2.2.2.4 Other

2.3 Situating ICC- and UNSC-Requested Asset Freezing Measures

2.4 Conclusion

3 Coexistent but Uncoordinated - Asset Freezing Measures at the ICC and the UNSC

3.1 Introduction

3.2 Modalities

3.3 Shared Goals?

3.4 Strengthening Cooperation

3.5 In Search of Coordination

3.5.1 Libya: Coexistent and Coordinated?

3.5.2 Coexistent but Uncoordinated

3.5.2.1 Democratic Republic of the Congo

3.5.2.2 Côte d'Ivoire

3.5.2.3 Sudan

3.5.2.4 Central African Republic

3.5.2.5 Mali

3.5.3 Neither Coexistent nor Coordinated

3.5.3.1 Uganda

3.5.3.2 Kenya

3.6 Conclusion

4 Recovering Assets at ICTs - Fines, Forfeiture and Orders for Reparations

4.1 Introduction

4.2 The Post-World War II Military Tribunals

4.3 The Ad Hoc International Criminal Tribunals

4.4 The Rome Statute System

4.4.1 Fine and Forfeiture Measures

4.4.2 Orders for Reparations

4.5 ICTs Established after the Adoption of the Rome Statute

4.5.1 The Special Court for Sierra Leone

4.5.2 The Special Panels for Serious Crimes

4.5.3 The Iraqi High Tribunal

4.5.4 The Extraordinary Chambers in the Courts of Cambodia

4.5.5 The Special Tribunal for Lebanon

4.5.6 The Extraordinary African Chambers

4.5.7 The Kosovo Specialist Chambers.

4.6 Some Suggested Reasons behind ICTs' Failure to Order Asset Recovery Measures

4.6.1 Theoretical Basis

4.6.2 Dearth of Assets

4.6.3 Other Reparations Paradigms

4.7 Conclusion

5 Pre-Trial 'Protective Measures for the Purpose of Forfeiture' at the ICC - Protecting and Balancing Competing Rights and Interests

5.1 Introduction

5.2 Protective measures at the ICC

5.2.1 The evidentiary threshold

5.2.2 Prior notification and modification

5.2.3 The right to appeal

5.2.4 The 'rights of the parties concerned' and 'the ultimate benefit of victims'

5.2.4.1 Accused persons

5.2.4.1 The Prosecutor

5.2.4.3 Victims

5.2.4.4 Bona fide third parties

5.3 The ICC practice

5.3.1 The purpose of protective measures and the range of assets susceptible thereto

5.3.2 Balancing competing rights and interests in the protective measures process

5.4 Concluding remarks

6 UNSC-Requested Asset Freezes and the Legal Protection of Individuals

6.1 Introduction

6.2 The Evolution of UNSC Sanctions: From General to Targeted Measures

6.3 Identifying (Quasi-)Legal Protections

6.3.1 Exemptions

6.3.2 The Focal Point for de-Listing

6.3.3 Other (Quasi-)Legal Protections

6.4 Conclusion

7 Asset Freezing at the European and Inter-American Courts ofHuman Rights - Lessons for the ICC, the UNSC and States

7.1 Introduction

7.2 Asset Freezing in the Law and Practice of the Strasbourg and San José Courts

7.2.1 Protection of property

7.2.1.1 Džinic v Croatia

7.2.1.2 Chaparro Álvarez and Lapo Íñiguez v. Ecuador

7.2.2 Right to respect for private and family life

7.2.2.1 Nada v Switzerland

7.2.2.2 The need for clear reasoning at the ICC

7.3 Conclusion

8 Managing the Frozen Assets of Accused Persons at the ICC - The Fallout of the Bemba Acquittal

8.1 Introduction

8.2 The Bemba Case.

8.2.1 (Un)freezing Bemba's Assets

8.2.2 Bemba's Claim for Compensation and Damages

8.3 Domestic Approaches

8.3.1 Third party management of seized or frozen assets

8.3.2 Use or Sale of Frozen Assets

8.4 International Responses

8.4.1 Utilising Article 96(3) of the ICC Statute

8.4.2 Lessons from Article 106 of the ICC Statute

8.4.3 Amending Article 85(3) of the ICC Statute?

8.5 Conclusion

9 Conclusion

Bibliography.

Notes:

Includes bibliographical references.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789089744869

908974486X

OCLC:

1250088977