The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-à-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability pose certain challenges.
Seeking to address the problem of corporate involvement in grave human rights abuse, i.e. genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organisational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The study discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.
1. INTRODUCTION (p. 1)
2. CRIMINAL RESPONSIBILITY AND THE CORPORATE ENTITY (p. 23)
3. CORPORATE ACCOUNTABILITY À LA NUREMBERG (p. 43)
4. COLLECTIVE CRIMINALITY AND THE ROME STATUTE (p. 65)
5. 5 THE CRIMINAL LIABILITY OF CORPORATIONSWITHIN THE ROME STATUTE FRAMEWORK (p. 95)
6. CULPABILITY BEYOND THE CONFINES OF THE CORPORATE FORM (p. 139)
7. CONCLUSION (p. 167)
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
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Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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