Journal Article

Corporate Criminal Liability under International Law

Nadia Bernaz

in Journal of International Criminal Justice

Volume 13, issue 2, pages 313-330
Published in print May 2015 | ISSN: 1478-1387
Published online June 2015 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqv014
Corporate Criminal Liability under International Law

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Relying on the Tribunal’s inherent powers, the Appeals Panel of the Special Tribunal for Lebanon decided in two cases, New TV S.A.L. and Akhbar Beirut S.A.L., that the Tribunal has jurisdiction over corporations for the offence of contempt. They decided so despite the absence of a clear provision explicitly granting such jurisdiction. This is the first time an international criminal tribunal asserts jurisdiction over legal persons. The article critically presents the Appeals Panel’s findings and places them in their historical and international context. Although limited in scope, the decisions are of great significance as business and human rights developments at the international level have emphasized the need for enhanced corporate accountability.

Journal Article.  8423 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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