Intl. Tribunal decision to hold firms criminally liable is major step in development of corporate liability under intl. law, says Nadia Bernaz of Middlesex Univ.
"The New TV S.A.L. Case at the Special Tribunal for Lebanon – Corporate Criminal Liability under International Law", 31 Oct 2014
On 2 October 2014, the Appeals Panel of the Special Tribunal for Lebanon…ruled in the New TV S.A.L. case that the Tribunal has jurisdiction over legal persons in contempt proceedings. It is the first time an international tribunal recognises that corporations may be criminally liable under international law. The case is limited in scope because it is “only” about an offence against the administration of justice, and not about a core crime over which the Tribunal has jurisdiction. Nevertheless, this decision is a major step in the development of corporate liability under international law…Now that the Tribunal has established the principle that corporations can commit offences which can be prosecuted by an international tribunal, it makes the often heard argument that corporations cannot be subjected to international law, and for our purposes to international criminal law and international human rights, even more difficult to support…[T]his of course is good news from a business and human rights’ perspective…[Updated case information available here]