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Part 10 Enforcement: Exécution, Art.109 Enforcement of fines and forfeiture measures/Exécution des peines d’amende et des mesures de confiscation

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence — Judgments

This chapter comments on Article 109 of the Rome Statute of the International Criminal Court. Article 109 deals with the enforcement of penalties that are additional to a sentence of imprisonment. These comprise fines and the forfeiture of proceeds, property, and assets derived directly or indirectly from the commission of the crime. Responsibility for the enforcement falls to the Presidency. It has special duties in terms of tracking persons who are subject to fine, forfeiture, and reparations orders. The Presidency is ‘to seek cooperation and measures for enforcement in accordance with Part 9, as well as transmit copies of relevant orders to any State with which the sentenced person appears to have direct connection by reason of either nationality, domicile or habitual residence or by virtue of the location of the sentenced person's assets and property or with which the victim has such connection’.

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