Transfer of forfeitures to the ICC


Canada - Crimes Against Humanity and War Crimes Act 2000 (2019)

Crimes Against Humanity Fund

Article 30

Fund established

(1) There is hereby established a fund, to be known as the Crimes Against Humanity Fund, into which shall be paid

(a) all money obtained through enforcement in Canada of orders of the International Criminal Court for reparation or forfeiture or orders of that Court imposing a fine;

(b) all money obtained in accordance with; section 31; and

(c) any money otherwise received as a donation to the Crimes Against Humanity Fund.

Payment out of Fund

(2) The Attorney General of Canada may make payments out of the Crimes Against Humanity Fund, with or without a deduction for costs, to the International Criminal Court, the Trust Fund established under article 79 of the Rome Statute, victims of offences under this Act or of offences within the jurisdiction of the International Criminal Court, and to the families of those victims, or otherwise as the Attorney General of Canada sees fit.


(3) The Governor in Council may make regulations respecting the administration and management of the Crimes Against Humanity Fund.

Crimes Against Humanity Fund

Article 31

Credits to Fund

The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

(a) the net amount proceeds received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

(i) proceeds of crime within the meaning of  subsection 462.3(1) obtained or derived directly or indirectly as result of the commission of an offence under this Act, and

(ii) forfeited to Her Majesty and disposed of by that Minister; and

(b) any amount paid or recovered as a fine imposed under of subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).an offence under this Act.

Proceeds of Crime

Article 32

Partial exclusion of Seized Property Management Act

Paragraphs 9(d), (e) and (f) and,  sections 10, 11 and 13 to 16 of the Seized Property Management Act do not apply in respect of any property, proceeds of property or amounts referred to in section 31.

Rome Statute

Article 79 Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 109 Enforcement of fines and forfeiture measures

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.