Enforcement of forfeiture orders

Republic of Croatia

Croatia - Implementation of Statute of ICC 2003 (2004) EN

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 41

The Republic of Croatia shall admit the persons convicted to serve their sentence in accordance with a special agreement concluded separately in each individual case.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 42

(1) The representative of the Republic of Croatia at the Assembly of States Parties shall be determined by the Government of the Republic of Croatia.

(2) In addition to the representative mentioned in paragraph 1 above, one or more deputy representatives and experts on international criminal law may participate in the work of the Assembly.

(3) In accordance with the Statute and other documents of the ICC the Government of the Republic of Croatia shall ensure appropriate participation of the representatives of the Republic of Croatia in the work of other bodies of the ICC.

Article 43

(1) In the procedure for the election or appointment of judges or other officials or staff of the ICC, the Government of the Republic of Croatia shall publish an invitation to the eligible persons to apply within a defined period of time, if the election or appointment is carried out at the proposal of the States Parties and if the Government believes that the Republic of Croatia should propose a candidate.

(2) If it finds it appropriate, the Government of the Republic of Croatia will also publish the information about the upcoming election or appointment in the ICC when candidates are expected to apply to the ICC directly.

(3) In the case mentioned in paragraph 1 above the Government of the Republic of Croatia shall conduct the procedure in such a manner so as to secure its transparency, the possibility for governmental and non-governmental professional and humanitarian bodies and organisations, and the application of the highest professional and moral criteria.

(4) When the Statute or other document of the ICC prescribes a special procedure for the election or appointment, the Government of the Republic of Croatia shall conduct the procedure in this manner, applying the appropriate provisions of the domestic law analogously.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

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.

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.