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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Other Available Penalty: Return of Property

Other Available Penalty: Return of Property

(p.358) 29 Other Available Penalty: Return of Property
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

Articles 24 and 23, paragraph 3, of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, provide that, in addition to imprisonment, a trial chamber may order the return of any property and proceeds acquired by criminal conduct to their rightful owners. Rule 105 (Restitution of Property) further provides that a trial chamber which finds an accused guilty of a crime and concludes from the evidence that unlawful taking of property by the accused was associated with it, shall make a specific finding to that effect in its judgment and shall order restitution of that property to its rightful owner. The practical difficulties involved in such a process appear to have deterred all trial chambers from any attempt to apply that provision.

Keywords:   return of property, statutes, trial chambers

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