Exposing the hidden soul of guilt : corporate accomplice liability in international criminal law

Abstract

Although international law has traditionally refrained from imposing duties and obligation on non-state actors, this basic trend of international law is shifting. From the Nuremberg trials of the 1940s to cases against Serbian leaders for war crimes in the 1990s, courts now recognize a level of individual duty to humanity implicit in international law. Article 25 of the Rome Statute codifies this shift by asserting International Criminal Court jurisdiction over individuals who commit crimes that fall within the jurisdiction of the court. It remains to be seen whether Article 25 extends to legal persons like corporations. This paper will argue that Article 25(c) of the Rome Statute extends accomplice liability for international crimes to corporations under the standard of "facilitating, aiding and abetting" - crimes for which the court has jurisdiction. If successful, corporate social responsibility will move from a mere theory of moral obligation to one with significant legal application.