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Asset preservation, state cooperation and the international criminal court
Moss, A, Asset preservation, state cooperation and the international criminal court, Melbourne Journal of International Law, 22, (1) pp. 1-45. ISSN 1444-8602 (2021) [Refereed Article]
Copyright © 2021 by the Melbourne Journal of International Law Inc
Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...
Despite their centrality to the International Criminal Courtís reparations and legal assistance schemes, the Courtís powers to identify, trace, freeze and seize accused personsí assets have largely been neglected by academics, practitioners and the Court. Jean-Pierre Bemba Gomboís recent compensation application brought the consequences of this neglect sharply into focus. Seeking to address this lacuna in existing scholarship, this article views the Courtís jurisprudence and practice through the prism of Prosecutor v Bemba, applies the lenses of both rationalist and constructivist theory to outline the Courtís asset preservation regime and explores a range of reforms to strengthen and improve its effectiveness. Rationalist insights support the conventional view that recalcitrant and rejectionist states pose the greatest threat to the effectiveness of the Courtís asset preservation efforts. Accordingly, this analysis supports those who argue that stronger enforcement measures, likely involving greater cooperation with the United Nations Security Council, are desirable. Constructivist analysis, however, directs attention to matters of identity and role-attribution, which this article argues can both explain and support a more nuanced, iterative understanding of state cooperation and the relationship between the Court and states parties which may assist in addressing the myriad technical and jurisprudential problems which have plagued the scheme.
|Item Type:||Refereed Article|
|Keywords:||International Criminal Court, asset freezing, state cooperation|
|Research Division:||Law and Legal Studies|
|Research Group:||International and comparative law|
|Research Field:||International criminal law|
|Objective Division:||Expanding Knowledge|
|Objective Group:||Expanding knowledge|
|Objective Field:||Expanding knowledge in law and legal studies|
|UTAS Author:||Moss, A (Mr Aaron Moss)|
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