'Victims' trust fund' in document 'Sweden: ICC Cooperation Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ADMISSION AND ENFORCEMENT OF RULINGS FOR REPARATIONS TO VICTIMS OF CRIME

SECTION 29
A ruling concerning reparations to victims of crime made by the International Criminal Court and which has entered into final force, applies in Sweden and shall upon application be enforced here, unless otherwise prescribed by the second paragraph.

Such ruling does not apply in Sweden and may not be enforced here
1. if the recognition or enforcement of the ruling is manifestly incompatible with the fundamental principles of the Swedish legal system, or
2. if a ruling that has entered into final force concerning the same matter has been made in Sweden before such time.

An application in accordance with the first paragraph may be made by the person who has been awarded reparations by the ruling. The International Criminal Court may also make such an application if it has been decided that reparations to victims of crime should be paid out through a special trust fund for victims of crime.

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 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.