Overview

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.

Full Product Details

Author:   Daley J. Birkett
Publisher:   Eleven International Publishing
Imprint:   Eleven International Publishing
ISBN:  

9789462361850

ISBN 10:   9462361851
Pages:   246
Publication Date:   28 January 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of 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

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Author Information

Daley J. Birkett is Vice-Chancellor’s Senior Fellow at Northumbria Law School, Research Fellow affi liated with the War Reparations Centre at the University of Amsterdam, and Visiting Lecturer in the Law of International Organizations at the University of Verona. Daley holds LL.B. (Hons.) and LL.M. (cum laude) degrees in Law and Public International Law from Durham University and Leiden University, respectively. He previously served as Legal Consultant to the United Nations Assistance to the Khmer Rouge Trials, where he advised the International Judges of the Supreme Court Chamber of the Extraordinary Chambers of the Courts of Cambodia.

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