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Article

17 May 2014

Author:
Yvonne McDermott Rees, in PhD Studies in Human Rights

Corporate criminal responsibility at the Special Tribunal for Lebanon

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In a fascinating order…Judge Baragwanath of the Special Tribunal for Lebanon determined that two media organisations, together with two officials from the organisations, could be prosecuted for contempt. The question of whether corporations can be held accountable for international crimes has been the subject of much debate…and this is the first time that an international criminal tribunal has found itself to have jurisdiction over corporations…The…judge…noted that 'no ... provision of the Statute or Rules expressly limits the scope of contempt proceedings to natural persons'…Judge Baragwanath rather bizarrely concluded…that the Tribunal cannot have jurisdiction over legal persons for the core crimes, but that 'whether a legal person can be an accused…is a very different question from whether a legal person can be held in contempt for knowingly and wilfully interfering with the administration of justice'…