ce the particular fine or forfeiture order, if an appeal is lodged.
Article 79 provides for a Trust Fund to be established by the Assembly of States Parties, for the benefit of victims of crimes within the jurisdiction of the Court, and their families. The Court can order fines and other property collected through forfeiture orders to be transferred to the Trust Fund (article 79 (2)). Where appropriate, the Court can order that payment of reparations be made through the Trust Fund (article 75 (2)).
Obligations
a) Under articles 75 (4) & 93 (1)(k), once a person has been convicted, States Parties must respond to requests from the Court to identify, trace and freeze or seize certain proceeds, property and assets and instrumentalities of crimes, for the purpose of eventual forfeiture.
b) Under article 109 (1), States Parties must give effect to penalties that are imposed on a convicted person in the form of fines or forfeiture orders by the Court, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
c) Under article 109 (2), if States Parties are unable to give effect to an order for forfeiture, they must 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.
d) Under article 109 (3), States Parties must transfer to the Court any property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by the State Party as a result of its enforcement of a judgment of the Court.
e) Under article 75 (5), States Parties must give effect to orders by the Court for reparations, in accordance with the provisions in article 109.
Implementation
a) Proceeds of crime legislation
Article 75 (4) is one of several provisions in the Statute that allows the Court to request or order the tracing, seizure or freezing of proceeds and instrumentalities of crimes. Article 57 (3)(e) allows the Pre-Trial Chamber to seek the co-operation of States in taking protective measures for the purpose of forfeiture, after an arrest warrant or summons has been issued under article 58. Article 93 (1)(k) requires States to comply with orders for tracing, seizing or freezing proceeds and instrumentalities of crimes at any stage of an ICC investigation or prosecution. Thus, States Parties should ensure that they have a comprehensive scheme that enables them to undertake all of these activities, such as Proceeds of Crime legislation and procedures.
b) Enforcement of fines, forfeiture orders and reparations orders
Article 109 (1) provides that States Parties must give effect to these types of orders "in accordance with the procedure of their national law." Thus States Parties need to ensure that they have laws and procedures in place that allow them to enforce all of these orders. They can determine for themselves what the appropriate laws and procedures should be, as long as these are consistent with the other provisions in article 109 and with the Statute. Those States with mutual legal assistance legislation will probably only need to make minor modifications to this legislation and to the relevant administrative procedures, to enable them to enforce these types of orders from the ICC. However, States should ensure that the rights of bona fide third parties are protected in all cases. They should also ensure that the relevant authorities can respond in a timely fashion to any orders for a stay of execution of such orders, for example where an appeal is lodged subsequent to the order being made.
c) Transferring property or the proceeds of the sale of property to the Court
States Parties must transfer to the Court the tangible results of their enfor
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