Analyst assesses prospects of African Court prosecuting corporate human rights abuses

الكاتب: John Paul Ongeso, African Legal Centre, منشور على : 13 April 2015

'Corporate prosecutions in the African Court for human rights abuses?', 13 Apr 2015:…African states often need the investment of multinational corporations…Yet, many…lack the capacity to regulate…[their activities] effectively…[M]ultinational corporations…make significant profits with little regard for or even complicity in the violation of human rights. The…[impact of] the Guiding Principles on Business and Human Rights...has…been…limited, largely because they do not create any binding obligations…In light of th[is]…and the remote probability of a…binding [treaty]…[what]…potential [is there] for the international criminal law chamber of the African Court of Justice and Human and Peoples’ Rights [to take on corporate cases?]…[B]y virtue of the Court’s international criminal jurisdiction, prosecutions against any corporation will be possible insofar as a corporation is shown to have committed or contributed to the commission of crimes in an African state. Second, the practice of seeking justice in the courts of home states of multinational corporations…no longer be necessary. Third, the Statute of the African Court expands the ambit of possible offences for which a corporation could be held criminally liable…[refers to Shell]

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الشركات ذات الصلة: Royal Dutch / Shell (see Shell)