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Corporate criminal liability under international law

Author: Alessandra De Tommaso, Kingsley Napley (UK), Published on: 5 March 2018

To date, international criminal law has failed to recognise the criminal liability of corporations...[N]one of the statutes of the international criminal tribunals...recognise corporations as possible defendants to allegations of serious violations of international law...[E]fforts to introduce corporate criminal liability at the international level have been met with resistance...[A]t the 1998 Rome Conference for the Establishment of an International Criminal Court, an attempt to include...legal entities in the jurisdiction...of the court failed to find the necessary support...Recent developments demonstrate more openness toward the recognition of corporate criminal liability at the international level.  Two initiatives...are worth mentioning.  The first concerns the adoption in June 2014 of the Malabo Protocol by the Member States of the African Union...The second regards the inclusion, in 2016, of a specific provision on corporate criminal liability in the Draft Articles on the Prevention and Punishment of Crimes Against Humanity, currently under consideration by the UN International Law Commission...These initiatives seem to suggest that the international legal system is slowly but gradually moving toward a broader acceptance of corporate criminal liability for international crimes...

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