Transfer of forfeitures to the ICC

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001


Art. 41 Handing over for forfeiture, transfer to the Trust Fund, or restitution

1 Objects or assets subject to a precautionary seizure may at any time, upon request, be transmitted to the Court for the purpose of forfeiture, transfer to the Trust Fund (art. 79 of the Statute), or restitution.

2 Objects and assets referred to in paragraph 1 include:
a. instruments which served to commit the crime;
b. the product or proceeds of a criminal act, their replacement value, and illicit advantages;
c. gifts and other contributions that served as or that were intended as an inducement or reward for the criminal act, as well as their replacement value.

3 Objects and assets shall remain seized until they have been transmitted to the Court or until the Court notifies the Central Authority that it waives transmission.

4 Objects and assets may be retained in Switzerland if:
a. the victim’s usual residence is in Switzerland and the objects and assets are to be returned to the victim;
b. authorities assert rights over them;
c. a person not involved in the criminal act claims that he or she acquired rights to the objects and assets in good faith in Switzerland or, provided that the person’s usual residence is in Switzerland, in a foreign country;
d. the objects or assets are required for criminal proceedings pending in Switzerland or they could be forfeited in Switzerland.

5 If a person asserts a claim provided for in paragraph 4, the handing over of the objects or assets to the Court is suspended until the legal situation is clarified. The contested objects or assets may only be handed over to the person if:
a. the Court consents;
b. the authorities consent in the case of paragraph 4 subparagraph b; or
c. Swiss authorities recognize the validity of the claim.

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.