Corporations before International Criminal Courts: Implications for the International Criminal Justice Project

  title={Corporations before International Criminal Courts: Implications for the International Criminal Justice Project},
  author={Joanna Kyriakakis},
  journal={Leiden Journal of International Law},
  pages={221 - 240}
  • J. Kyriakakis
  • Published 13 December 2016
  • Law
  • Leiden Journal of International Law
Abstract The debate over whether the International Criminal Court should have jurisdiction over corporations has persisted over the years, despite the failure of the legal persons proposals at Rome. For its part, the Special Tribunal for Lebanon determined that it has jurisdiction over corporations for the purpose of crimes against the administration of the Tribunal, albeit not for the substantive crimes over which it adjudicates. Most recently, the African Union has adopted a Protocol that… 
Remedy for corporate human rights abuses in transitional justice contexts
Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes and commit human rights violations and crimes under international law, either as the
The expressive turn of international criminal justice: A field in search of meaning
Abstract As the glow that accompanied the kinetic judicialization of the field of international criminal justice has faded over time, scholars have increasingly turned to expressivist strands of
Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol
Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in
Transnational Corporations, Natural Resources and Conflict
Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of forests, fisheries and agricultural products or non-renewable as in the case of minerals or petroleum,
The Promise of International Law: A Third World View
This is a moment of repudiation of international law and of reckoning with racial injustice and committing to anti-racism. Some of the leading States that have shaped international law are not only
La investigación y el enjuiciamiento de crímenes ambientales cometidos en el marco de las actividades empresariales ante la Corte Penal Internacional
The recognition of new environmental crimes under the Rome Statuteof the International Criminal Court (ICC) not only expands the international criminal justiceand strengthens the global environmental
Hardin’s ‘Tragedy of the Commons’: Indigenous Peoples’ Rights and Environmental Protection: Moving Towards an Emerging Norm of Indigenous Rights Protection?
Most of the world’s natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards as a
La responsabilité des entreprises en matière de droits de l'Homme
La responsabilite des entreprises en matiere de droits de l'Homme (REDH) a emerge face a la quasi-impunite des violations commises par les entreprises. Cette responsabilite est nouvelle au sein des
Grundlagen der strafrechtlichen Verantwortlichkeit von wirtschaftlichen Akteuren für Menschenrechtsverletzungen
Der Beitrag gibt einen Uberblick uber einige grundsatzliche Fragen der strafrechtlichen Verantwortung von unternehmerischem Handeln fur Menschenrechtsverletzungen wie die Frage nach dem Mehrwert


Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again
The discussion on corporate human rights obligations has been ongoing for some time. More recently, the potential for corporate accountability under a new domain of international law, namely
Core Crimes and Transnational Business Corporations
International criminal law for long has been concerned with the conduct of individual natural persons, leaving aside the question of whether legal persons such as transnational business corporations
Not-so-innocents abroad: corporate criminal liability for human rights abuses
This article seeks to demonstrate the role that domestic criminal law could play in the regulation of transnational corporations for human rights abuses committed outside their jurisdiction of
Choosing to Prosecute: Expressive Selection at the International Criminal Court
The International Criminal Court (ICC) has the mandate to “end impunity” for serious international crimes around the world but the budget to prosecute only a few cases per year. This high degree of
Regionalizing International Criminal Law
This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for
Universal jurisdiction under attack: an assessment of African misgivings towards international criminal justice as administered by Western states
This article discusses the current criticism, expressed by African states and institutions, of the exercise of universal jurisdiction by Western states, accusing the latter of overstepping their
A Pragmatic Critique of Corporate Criminal Theory: Lessons from the Extremity
Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system
Commodifying Global Justice: Economies of Accountability at the International Criminal Court
The field of international criminal law operates on multiple overlapping registers, including the ideological, the economic and the political. As part of a symposium exploring the claim that
  • Uta Kohl
  • Political Science, Law
    International and Comparative Law Quarterly
  • 2014
Abstract The almost two decade-long bonanza of civil litigation concerning gross human rights violations committed by corporations under the US Alien Tort Statute 1789 was scaled back by the US
Doing Justice to the Political: The International Criminal Court in Uganda and Sudan
International criminal justice has become a weapon in political struggles in Uganda and Sudan. In this light, this article discusses the political meaning of the International Criminal Court's