Prosecuting Corporations for Genocide

Hardcover | April 1, 2016

byMichael J. Kelly

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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 orhuman 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 suchcompanies 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 oflegal 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.

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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 orhuman rights abuses in the pursuit of profit. M...

Michael J. Kelly is Associate Dean and Professor of Law at Creighton University. He is president of the U.S. National Section of L'Association International du Droit Penal (AIDP), a Paris-based society of international criminal law scholars, judges and attorneys founded in 1924 that enjoys consultative status with the United Nations. P...

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Format:HardcoverDimensions:288 pages, 9.21 × 6.1 × 0.1 inPublished:April 1, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190238895

ISBN - 13:9780190238896

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Table of Contents

Note on SourcesList of IllustrationsLuis Moreno-Ocampo: Foreword1. Introduction2. The Corporation as an Atrocity Contributor2a Historical Perspective - British East India / Dutch East India2b Recent history - IG Farben - WWI, WWII2c Modern history - Kiobel litigation3. The Corporation as a Subject of International Law3a Status as a "Legal Person"3b Application of the Genocide Convention3c Recognition by the International Court of Justice3d International Criminal Tribunal Jurisdiction4. Modes of Criminal Liability under International Law4a Proving Genocide4b Complicity to Genocide4c Command Responsibility4d Aiding and Abetting4e Joint Criminal Enterprise (JCE)5. Case Studies: Corporate Complicity in Genocide5a Chinese National Petroleum Corporation and the Darfur Genocide5b German Chemical Corporations and the Kurdish Genocide6. Prosecuting Corporations for Genocide: The Domestic versus the International Path6a Universal Jurisdiction over Jus Cogens conduct6b Domestic Prosecution6c International Prosecution7. Arguments Against Prosecuting Corporations for Genocide7a Legal Critiques7b Policy Critiques7c Economic Critiques8. ConclusionAppendix 1: Arrest Warrant for President al-Bashir on Charges of GenocideAppendix 2: Unclassified List of German Corporations Implicated in Developing Iraq's Chemical Weapons ProgramAppendix 3: U.S. Department of Justice Instructions for Prosecution CorporationsAppendix 4: Bill C-45: Amendments to the Criminal Code Affecting the Criminal Liability of OrganizationsAbout the AuthorIndex

Editorial Reviews

"When commercial corporations do not respond properly to the carrot of praise for social responsibility, they may need to be hit with the stick of criminal prosecution, particularly when their activities amount to complicity in genocide and other international crimes. Although there has beenmuch talk about the criminal law option, it remains largely ormant. This thoughtful and very useful book becomes the standard reference for the law and practice in this field." --William Schabas, Professor of International Law, Middlesex University, London