PART VI
ENFORCEMENT OF SENTENCES AND ORDERS OF THE ICC IN SAMOA


99. Enforcement of orders for victim reparation -

(1) Where the ICC requests enforcement in accordance with article 109 of the Statute of an order requiring reparation made under article 75 of the Statute, the Minister shall give authority for the request to proceed, if the Minister has reasonable grounds to believe that -

(a) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal; and
(b) the order can be enforced in the manner provided in this section, and shall refer the request to the Attorney General.

(2) The Attorney General shall, without delay file such order in the Supreme Court.

(3) Every order filed in the Supreme Court under subsection (2) shall -

(a) if the order requires a monetary payment, have force and effect as if it were an order for the payment of compensation imposed by that court; or
(b) if the order requires the restitution of assets, property or other tangible items, have force and effect as if it were an order for the restitution of property made by that court; or
(c) if the order requires the granting of any other relief, have force and effect as if it were an order for the granting of such relief made by that court and every such order shall be enforced accordingly.

(4) The Attorney General shall, without delay, make such report to the Minister on the outcome of any action taken by it to enforce the order as it considers to be appropriate in the circumstances.

(5) Nothing in this section shall be construed as limiting or affecting the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Statute or as empowering the court to modify the order of the ICC.

(6) The Minister shall consult with the ICC as to whether the funds realized through the enforcement of an order under this section should be transferred directly to specified victims or through the Victims Fund of the ICC.

(7) The Minister shall make arrangements for the transfer of the funds realized through the enforcement of an order under this section as determined through the consultations under subsection (6).

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.