Part 4 Enforcement of sentences and orders

Other orders

49 Power to make provision for enforcement of other orders

(1) The Secretary of State may make provision by regulations for the enforcement in England and Wales or Northern Ireland of—
(a) fines or forfeitures ordered by the ICC, and
(b) orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.
(2) The regulations may authorise the Secretary of State—
(a) to appoint a person to act on behalf of the ICC for the purposes of enforcing the order, and
(b) to give such directions to the appointed person as appear to him necessary.
(3) The regulations shall provide for the registration of the order by a court in England and Wales or Northern Ireland as a precondition of enforcement.
An order shall not be so registered unless the court is satisfied that the order is in force and not subject to appeal.
If the order has been partly complied with, the court shall register the order for enforcement only so far as it has not been complied with.
(4) The regulations may provide that—
(a) for the purposes of enforcement an order so registered has the same force and effect,
(b) the same powers are exercisable in relation to its enforcement, and
(c) proceedings for its enforcement may be taken in the same way,
as if the order were an order of a court in England and Wales or Northern Ireland.
The regulations may for that purpose apply all or any of the provisions (including provisions of subordinate legislation) relating to the enforcement in England and Wales or Northern Ireland of orders of a court of a country or territory outside the United Kingdom.
(5) A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied—
(a) that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court, and
(b) that the exercise of the powers will not prejudice the rights of bona fide third parties.
(6) The regulations may provide that the reasonable costs of and incidental to the registration and enforcement of an order are recoverable as if they were sums recoverable under the order.

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.

This provision is wider than the ICC Statute.

The detailed code governing the enforcement of fines is found in the ICC Act 2001 (Enforcement of Fines, Forfieture and Reparation Orders) Regulations 2001. This allows the responsible authority to recover their reasonable costs of enforcement on top of the fine imposed by the ICC, and is in this respect wider then the Rome Statute.