La confisca nello Statuto e nella giurisprudenza della Corte penale internazionale

The article examines the regulation and judicial practice of forfeiture within the system of the International Criminal Court, focusing on its nature as an additional pecuniary penalty and its function as an instrument of reparative justice for the victims of international crimes. The analysis highlights how the ICC, despite its mandate to prevent impunity for the most serious crimes against humanity, adopts a cautious and balanced approach that upholds the principles of legality, proportionality, and the protection of the accused’s fundamental rights. The arrticle also explores the subsidiary role of value-based forfeiture, applicable at the stage of national enforcement, and the increasing emphasis on reparative purposes through the allocation of confiscated assets to the Trust Fund for Victims. Ultimately, the ICC’s experience is presented as a model of equilibrium between effective punishment and procedural fairness — a reference framework that could usefully inform domestic legal systems and international instruments in the fight against transnational crime.