Research Handbooks in Financial Law series
Edited by Barry Rider
Chapter 55: The International Criminal Court and financial crime
Convictions and indictments of genocide and crimes against humanity emanating from the International Criminal Court (ICC) seem, at first glance, decidedly removed from the realm of financial crime. However, upon closer look, the history and work of the ICC is replete with characteristics relating to financial crime. For instance, the modern form of the ICC was triggered by a proposal for a court to address the concerns of money laundering and transnational organised crime. Further, there exist often-overlooked financial aspects to the crimes currently within the jurisdiction of the ICC. This chapter will address the ways in which the ICC and financial crimes intertwine. Part 2 will address the history of the ICC with attention to the purposeful exclusion of financial crimes. Part 3 will examine proposals to expand the current jurisdiction of the ICC to encompass crimes such a bribery, corruption and terrorist financing. Part 4 will examine the financial aspects of the core crimes of the ICC. Part 5 will conclude. The current President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) remarked in 1995 that: ‘The internationalization of criminal law, including the enforcement of its provisions, has assumed central importance. Not only do crimes against humanity, genocide and war crimes raise our indignation; we are deeply concerned about terrorism, drug trafficking, money laundering and white collar crime.’
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