Prosecuting Corporations for Genocide
Michael J Kelly author Luis Moreno-Ocampo author
Format:Hardback
Publisher:Oxford University Press Inc
Published:14th Apr '16
Currently unavailable, and unfortunately no date known when it will be back
Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.
Prosecuting Corporations for Genocide proposes a new horizon for international criminal justice. Via thorough analysis of previous experiences, cases, moral and legal arguments, Professor Kelly explores the potential of including corporations under the jurisdiction of the International Criminal Court and suggests a viable path for so doing...I applaud his invitation to reopen this much-needed conversation...Forcing us to keep discussing how we are building global institutions and what new international legal standards should be adopted, Professor Kelly's book should be celebrated as a meaningful part of the search for laying new global foundations for a peaceful coexistence. (From the Foreword) Luis Moreno-Ocampo, Global Practice Counsel, Getnick & Getnick LLP Founding prosecutor of the International Criminal Court
When commercial corporations do not respond properly to the carrot of praise for social responsibility, they may need to be hit with the stick of criminal prosecution, particularly when their activities amount to complicity in genocide and other international crimes. Although there has been much talk about the criminal law option, it remains largely dormant. This thoughtful and very useful book becomes the standard reference for the law and practice in this field." William Schabas, Professor of International Law, Middlesex University, London
ISBN: 9780190238896
Dimensions: 157mm x 239mm x 25mm
Weight: 540g
280 pages