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30 Nov 2017

Dieneke de Vos, on Just Security

Recent lawsuits contribute to emerging norm of corporate accountability for international crimes, says scholar

" Corporate Criminal Accountability for International Crimes ", 30 Nov 2017

 ...While [Jesner v. Arab Bank] deals with the issue of civil liability, it follows a small but growing number of cases that have contributed to an emerging norm that corporations can and should be held liable for violations of international criminal law.

... [There is a] trend in Europe...to hold companies, and in particular their corporate directors, liable for international crimes committed in the context of their operations in third countries...The specialized War Crimes and Crimes Against Humanity Unit of the Paris Tribunal de Grande Instance has a number of ongoing cases addressing corporate accountability.

...[A]t an international level, corporate accountability for international crimes has remained elusive. Although...Malabo Protocol...pursuant to which the future Court would have jurisdiction over corporations as ‘legal persons’...[T]he Special Tribunal for Lebanon ruled that it had jurisdiction over corporations in the context of contempt cases. 

...[T]he existence of such cases and investigations, whether against legal persons or individuals, contributes to establishing a norm of corporate responsibility for international crimes.

[Also refers to Lima Holding B.V.]