Holding Corporations Liable Under the Rome Statute: Is It Really Necessary?

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Holding Corporations Liable Under the Rome Statute: Is It Really Necessary?

Journal Title: Chorzowskie Studia Polityczne - Year 2014, Vol 7, Issue

Abstract

In regions flaked with civil wars and armed groups, it is not uncommon to find multi-national corporations directly or indirectly involved in hostilities and crimes against humanity. The existing judicial bodies in these areas are handicapped and unlikely to prosecute these much needed investors. Since domestic courts have not been able to hold either corporations and/or individuals behind them responsible for crimes against humanity, it was recommended that the International Criminal Court fill in the impunity gap. In addressing the debate whether the jurisdiction of the ICC should extend to such entities, this article questions the existing limitations of the ICC in trying corporations and the potential outcome of removing this bar. Further this article delves into the fundamental principles of International Criminal Law and analyses the various provisions of the Rome Statute under which individuals behind/responsible for crimes committed by corporations may be prosecuted and ultimately it demonstrates how the existing provisions of the Rome Statute are sufficient to bring the true culprits to justice.

Authors and Affiliations

Kishu Daswani, Amal Sethi

Keywords

odpowiedzialność karna przedsiębiorstw Międzynarodowy Trybunał Karny jurysdykcja Rome Statute dyrektorzy jurisdiction ICC directors Statut Rzymski corporate criminal liability

EP ID EP168723
DOI -
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