New Report on Compliance with ICC Asset Recovery Requests

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Today, REDRESS has launched a new report on “Financial Accountability at the International Criminal Court”. The report explores how the asset recovery mechanisms of the ICC can be deployed to obtain financial recovery for survivors of international crimes. It also provides guidance for national stakeholders on how to respond to, and implement, requests for cooperation by the Court to recover the assets of persons accused of international crimes.   

In recent decades, civil society organisations and State actors have made significant efforts at both the domestic and international level to support victims of serious human rights abuses in obtaining justice. However, these efforts have not always benefited from the mechanisms necessary to force the perpetrators of such abuses to bear adequate financial accountability for the harm they have caused.  All too often, victims do not obtain adequate reparation for their suffering, particularly in the form of meaningful financial compensation.  

The ICC is a key part of the international framework that seeks to secure reparations for victims of human rights abuses. The ICC can seek the cooperation of States Parties to identify, trace, freeze, seize and forfeit a perpetrator’s assets to be used as reparations for victims. Significantly, in light of decisions of the ICC, the assets available for seizure need not be directly linked to, or be the proceeds of, the alleged crimes.  

This presents a significant opportunity for victims of international crimes to obtain reparation for the harm caused to them. It also provides a disincentive for perpetrators to carry out human rights violations, even if such violations may be economically lucrative. Moreover, the ICC’s asset recovery powers may prove particularly relevant for its investigation opened in relation to Russia’s invasion of Ukraine, given that billions of pounds in Russian assets have been frozen under sanctions around the world in connection with Russia’s atrocities. 

However, domestic legislative frameworks across ICC States Parties are not always equipped to comply readily with a request for asset recovery from the ICC, impeding the effective execution of such requests. In addition, the Bemba case suggests that significant gaps still exist in the structures applicable to the management of assets frozen at the ICC’s request.   

REDRESS’ new report analyses the legal and institutional frameworks in eight European nations, and the United States, to assess their ‘readiness’ to respond to asset tracing and recovery requests from the ICC. Alongside this, it identifies existing good practices and provides key legal and policy recommendations for strengthening State Parties’ cooperation with such requests. In doing so, the report seeks to give “teeth” to the existing international framework on ICC asset recovery procedures to ensure that human rights abusers are held financially accountable and that the survivors of atrocities obtain reparation.  

REDRESS publishes this report as part of our work under the Global Initiative against Impunity , focused on strengthening the effectiveness of existing accountability frameworks to fight impunity and ensure reparations for survivors.

Photo by: ICC-CPI