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Vol 22 No 11 Nov/Dec 2017

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Prosecuting Corporations for Genocide

ISBN13: 9780190238896
Published: April 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £64.00

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Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level.

Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.

International Criminal Law
Note on Sources
List of Illustrations
Foreword — by Luis Moreno-Ocampo, Founding Prosecutor of the International Criminal Court
1. Introduction
2. The Corporation as an Atrocity Contributor
a. Historical Perspective - British East India / Dutch East India
b. Recent history - IG Farben - WWI, WWII
c. Modern history - Kiobel litigation
3. The Corporation as a Subject of International Law
a. Status as a "Legal Person"
b. Application of the Genocide Convention
c. Recognition by the International Court of Justice
d. International Criminal Tribunal Jurisdiction
4. Modes of Criminal Liability under International Law
a. Proving Genocide
b. Complicity to Genocide
c. Command Responsibility
d. Aiding and Abetting
e. Joint Criminal Enterprise (JCE)
5. Case Studies: Corporate Complicity in Genocide
a. Chinese National Petroleum Corporation & the Darfur Genocide
b. German Chemical Corporations & the Kurdish Genocide
6. Prosecuting Corporations for Genocide: The Domestic versus the International Path
a. Universal Jurisdiction over Jus Cogens conduct
b. Domestic Prosecution
c. International Prosecution
7. Arguments Against Prosecuting Corporations for Genocide
a. Legal Critiques
b. Policy Critiques
c. Economic Critiques
8. Conclusion
Appendix 1: Arrest Warrant for President al-Bashir on Charges of Genocide
Appendix 2: Unclassified List of German Corporations Implicated in Developing Iraq's Chemical Weapons Program
Appendix 3: U.S. Department of Justice Instructions for Prosecution Corporations
Appendix 4: Bill C-45: Amendments to the Criminal Code Affecting the Criminal Liability of Organizations
About the Author