Journal Article

Attributing Criminal Liability to Corporate Actors

Norman Farrell

in Journal of International Criminal Justice

Volume 8, issue 3, pages 873-894
Published in print July 2010 | ISSN: 1478-1387
Published online June 2010 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqq030
Attributing Criminal Liability to Corporate Actors

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The aim of this article is to draw analogies between the attribution of responsibility to senior military or political leaders who participate in criminal conduct through organized structures of power under international criminal law and the potential attribution of responsibility to corporations or corporate officials. Without addressing the separate question of jurisdiction over corporations, the article identifies co-perpetration and aiding and abetting as the two modes of liability under international law that would be most useful in the corporate context. The article examines how those modes of liability have been interpreted by international criminal tribunals and applies the relevant legal standards to situations in which business activities of corporations are linked to the commission of international crimes. Furthermore, the article addresses the inconsistencies between the elements and standards of these modes of liability under the law of the international ad hoc tribunals and the International Criminal Court and how this would affect their application in the corporate context.

Journal Article.  11001 words. 

Subjects: Criminal Law ; International Law

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