Transfer of forfeitures to the ICC


International Criminal Court Implementation Act 2002

§ 7. Other provisions
Section 41
1. Objects found in the possession of the person whose surrender or provisional arrest has been requested under the Statute may be seized at the request of the ICC. The seizure shall be carried out by or on the instructions of the public prosecutor or the assistant public prosecutor competent to issue a warrant of arrest or provisional arrest.
2. When making the application referred to in section 21, the public prosecutor shall lodge a list of the objects seized with the District Court.

Section 42
1. When ruling on the request for surrender, the District Court shall also decide on whether the objects seized should be delivered or returned. The delivery of these objects to the ICC may be ordered only if the request for surrender is granted.
2. With a view to possible rights of third parties, the District Court may decide in respect of certain objects that they may be handed over to the ICC only on condition that they will be immediately returned once they are no longer needed for the purposes of the prosecution.
3. The provisions laid down by or pursuant to articles 116-119, 552a and 552c-552e of the Code of Criminal Procedure shall apply mutatis mutandis.
4. In the event of surrender in accordance with the provisions of § 6 of this chapter, the public prosecutor shall decide on the delivery or return of the objects seized, subject to the powers of the District Court under subsection 3.

§ 4. Enforcement of other penalties and orders
Section 84
Everything obtained from penalties and orders as referred to in section 72 shall accrue to the benefit of the ICC, without prejudice to section 83, subsection 8.

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.