How will the ICC reparation regime relate to proceedings before domestic courts?
Assets to be forfeited could be located in any number of national jurisdictions. If the Court’s reparations regime is to be effective, it will require significant interaction and coordination with national jurisdictions of States Parties and non-States Parties alike. This will involve a series of hurdles for victims. States Parties have a general obligation to cooperate with the Court, and to ensure that their national legislation enables and facilitates cooperation. [13] This is a positive obligation of all States Parties, which may require significant amendment of national laws. In respect of reparations, States Parties will need to implement the ICC’s requests for provisional and protective measures to trace and freeze assets as appropriate, and to recognize the jurisdictionX and enforce the reparations ordersX of the Court. As an extension to the complementarity principle, they would arguably need to do the same for orders emanating from the national courts of other States Parties.
