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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Other Available Penalty: Return of Property

Other Available Penalty: Return of Property

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

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0029

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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