Enforcement of forfeiture orders

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 3 Central Authority

2 The Central Authority shall have the following responsibilities in particular:
h. It shall enforce fines and forfeitures.

CHAPTER V: ENFORCEMENT OF PENALTIES OF THE COURT
SECTION II: ORDERS AND FORFEITURE

Art. 58

Article 41 shall apply by analogy to the enforcement of orders of forfeiture, if the Court has already decided on the disposition of objects or assets in accordance with article 75 or 79 of the Statute and if the Court asks Switzerland for enforcement.

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.