The Use of Asset Recovery in War Crimes Cases

Sarajevo International and Comparative Law Review, Vol. 1, No. 1, pp. 18, 2012

9 Pages Posted: 11 Oct 2012

See all articles by Erik Larson

Erik Larson

American University in Bosnia and Herzegovina

Max Matthews

American University in Bosnia and Herzegovina

Date Written: May 7, 2012

Abstract

The freezing, seizure, and confiscation of money and property have become common in cases involving organized crime and corruption, because it is recognized that such actions are key tools in the fight against crime. Such asset recovery operations are also routinely conducted at the international level, in order to recover funds that have crossed borders. In recent times, the link between corruption and organized crime with the commission of war crimes has become growingly more evident. In particular, it has become increasingly obvious that there is a financial motivation both to initiate wars and to commit war crimes as part of belligerent organizations. This is especially true in the context of the recent wars in the former Yugoslavia.

However, asset recovery remains uncommon in war crimes and crimes against humanity cases. In light of the financial motivations behind warfare, asset recovery operations should be a key component of war crimes litigation, in order to both deter and punish those who engage in such crimes for financial reasons. Encouragingly, there is some evidence that a new focus on asset recovery in the war crimes context may be emerging at both the national and international levels.

Keywords: war crimes, asset recovery, crimes against humanity, organized crime, corruption

Suggested Citation

Larson, Erik and Matthews, Max, The Use of Asset Recovery in War Crimes Cases (May 7, 2012). Sarajevo International and Comparative Law Review, Vol. 1, No. 1, pp. 18, 2012 , Available at SSRN: https://ssrn.com/abstract=2159654

Erik Larson

American University in Bosnia and Herzegovina ( email )

Mije Keroševića Guje 3
Sarajevo, Tuzla 71000
Bosnia and Herzegovina

Max Matthews (Contact Author)

American University in Bosnia and Herzegovina ( email )

Mije Keroševića Guje 3
Sarajevo, Tuzla 71000
Bosnia and Herzegovina

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