40.— (4) The High Court shall make an enforcement order only if—
(a) the ICC order, or
(b) the conviction in respect of which it was made, is in force and not subject to further appeal and if—
(ii) where the ICC order imposes a fine, its enforcement will not prejudice the rights of bona fide third parties.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.