Policy and Legal Obstacles in Recovering Dictator’s Plunder

Abstract

This paper examines the effectiveness of the Swiss system of mutual assistance in criminal matters in recovering dictator’s plunder. It deals with policy obstacles, such as the question of the legitimacy of the new government which has taken power from the deposed dictator, and legal obstacles such as Head of State immunity, and the freezing, confiscation, and repatriation of illicit assets. It argues that the Swiss system of mutual assistance has been too demanding and too slow in providing effective and efficient asset tracing and recovery.