Transfer of forfeitures to the ICC


International Criminal Court Act 2011


36. Effect of registration

(4)The Attorney-General shall, subject to any agreement or arrangement between the International Criminal Court and Mauritius, pay over to the International Criminal Court any amount realised in the execution of a sentence or recovered in terms of an order, less any expenses incurred in connection with the execution of such sentence or order

Mutual Assistance in Criminal and Related Matters Act 2003


13. Effect of registration of foreign confiscation order or foreign restraining order

(2) The Court may make an order under subsection (1) on such conditions as it may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.


19. Sharing confiscated property with foreign States

(2) Where the Minister to whom the subject of finance is assigned considers it appropriate, either because an international arrangement so requires or permits or in the public interest, he may order that the whole or any part of any property confiscated under this Act, or the value thereof, be returned or remitted to the foreign State or the international criminal tribunal.

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.