Samoa

International Criminal Court Act 2007, No.26

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).

Keywords

Reparations to victims - ICC proceedings



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