Corporate Criminal Liability and the ICC Statute: The Comparative Law Challenge

Abstract

This article examines the proposal that, in order to overcome the comparative law problem of diverse national positions in relation to corporate criminal liability, a scheme involving administrative or civil liability should be adopted if corporations are to be included in the jurisdiction of the International Criminal Court. It is argued that, despite the obvious practical appeal of such a solution, a criminal liability scheme should be preferred as perpetrators of international crimes – both natural and legal – should be subject to the full expressive and stigmatising capacities of the criminal law. However, recent international developments in corporate liability suggest a possible middle ground that may provide an acceptable solution to a majority of states.

Keywords: Corporate Criminal Liability, Corporations, International Criminal Court, International Crimes, Criminal Law, Comparative Law

JEL Classification: K00, K10, K14, K19, K29, K30, K33, K39, K40, K42, K49