Full Description
The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals' assets. Regardless of their duration, such measures necessarily infringe upon the targets' rights. Yet, the longer assets are frozen, the more acute these infringements can become. ICC-requested asset freezes can endure from the issuance of an arrest warrant until the accused is acquitted or convicted, whereas UNSC ordered measures continue until international peace and security is restored. Asset freezes executed at the behest of the ICC and the UNSC are therefore rarely short in duration. The focus of this book rests on the two bodies' exercise of their asset freezing powers, with a particular emphasis on the legal protections available to the individuals at the receiving end of the procedures with which the ICC and the UNSC are equipped. This book will be of interest to practitioners, academics, government officials, members of civil society, and postgraduate students with an interest in public international law, especially international criminal justice and international human rights law.
Contents
Table of Instruments; Table of Cases; 1 Introduction; 2 Asset Freezing: Theory, Objects and Purposes; 3 Coexistent but Uncoordinated - Asset Freezing Measures at the ICC and the UNSC; 4 Recovering Assets at ICTs - Fines, Forfeiture and Orders for Reparations; 5 Pre-Trial 'Protective Measures for the Purpose of Forfeiture' at the ICC - Protecting and Balancing Competing Rights and Interests; 6 UNSC-Requested Asset Freezes and the Legal Protection of Individuals; 7 Asset Freezing at the European and Inter-American Courts of Human Rights - Lessons for the ICC, the UNSC and States; 8 Managing the Frozen Assets of Accused Persons at the ICC - The Fallout of the Bemba Acquittal; 9 Conclusion; Summary; Samenvatting; Bibliography
