'Reparations to victims - ICC proceedings' in document 'Kenya - International Crimes Act'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—PRELIMINARY

Offences Against Administration of Justice

19. (1) If the ICC makes a request for assistance in any investigation or proceedings involving an offence against the administration of justice, that request shall be dealt with—

(b) in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order— in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any cont¬rary provision in the Rome Statute or the ICC Rules;

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Orders relating to Victim Reparation

119. (1) This section shall apply if -

(a) the ICC -

(i) makes an order under article 75 of the Rome Statute requiring reparation; and

(ii) requests that the order be enforced in accordance with article 109 of the Rome Statute; and

(b) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Transfer of Money or Property Recovered under this Part

130. (1) Any money or property, including the proceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) shall have effect notwithstanding any other provision in this Part or in any other Act.

RELEVANT ROME STATUTE PROVISIONS

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
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.