ABSTRACT

This chapter focuses on the domestic context to find support from state practice for the embryonic norm. In the hope of curbing rampant corruption by both elected and appointed officials, the 1987 Haitian Constitution broadens the definition of treason to include economic crimes and misuse of public funds. Nigeria's State Security Decree 1984 and the Recovery of Public Property Decree also contain prohibitions against fraudulent enrichment by public servants. The Constitution of the Philippines proclaims public office as a public trust. When the National Redemption Council (NRC) replaced the National Liberation Council (NLC) in 1972 it repealed all prior NLC decrees on investigation and forfeiture of assets and enacted its own Investigation and Forfeiture of Assets Decree. The view of indigenous spoliation as conduct that seriously undermines the fundamental interests of the international community and therefore qualifies as a crime under international law is firmly rooted in state practice at both the domestic and international levels.