The Complicity of Multinational Corporations in International Crimes. An Examination of Principles

      Аннотация: This book examines issues relating to oil, gas or mining multinational corporations operating within conflict-affected areas or weak-governance zones in Africa that aid and abet international crimes. Currently, international criminal law does not recognise the complicit liability of corporations or any other legal persons. Models of corporate liability are found in most domestic jurisdictions. Regrettably, the domestic jurisdictions, where these kinds of crimes occur, have not been known to enforce criminal sanctions on culpable natural or legal persons. Therefore, these issues should be addressed in international forums where domestic jurisdictions prove inadequate. There is a need for a doctrine of corporate liability in international criminal law. Hence, this book recommends that the International Criminal Court is the preferred institution to address this. Furthermore, the ICC Rome Statute should be revisited by the ICC State Parties in order to develop an appropriate framework of liability which takes into account the characteristic forms of corporate complicity in international crimes such as crimes against humanity, war crimes and genocide.

Ключевые слова: multinational corporations, Organisational complicity, organisational liability, legal persons, International Crimes, international criminal law, Criminal law, Human rights law, tort law, extractive industries, conflict-affected areas, weak-governance zones, Africa.