The Negative Impact of the Failure to Return Funds Derived from an Illicit Source to Their Countries of Origin on the Enjoyment of Human Rights: A Study of Obstacles and Mechanisms for Enhancing International Cooperation

Abstract

The illicit transfer of assets derived from corruption to foreign jurisdictions constitutes one of the most significant challenges confronting national and international anti-corruption efforts. Perpetrators of corruption offences frequently resort to transferring such assets across borders, concealing their illicit origin through money laundering, and reinvesting them in ostensibly legitimate economic activities in order to evade detection, confiscation, and recovery.

Despite sustained efforts by States and the international community to combat corruption, trace illicit proceeds, and recover stolen assets for the benefit of their countries of origin, the asset recovery process continues to face numerous legal, political, and practical obstacles. These challenges include disparities among national legal systems, the complexity of international judicial cooperation, procedural constraints, and varying levels of political commitment.

This study examines the international and domestic legal framework governing the recovery and return of assets derived from corruption, with particular emphasis on the legal mechanisms available for their repatriation and the principal obstacles that impede their return to their countries of origin. It further explores possible legal and institutional reforms aimed at strengthening international cooperation and enhancing the effectiveness of asset recovery mechanisms. Ultimately, the study argues that the successful return of stolen assets is essential not only for combating corruption but also for promoting sustainable development, reinforcing the rule of law, and enabling States to utilize recovered assets to improve public welfare and safeguard the enjoyment of human rights.