Corporations and the International Criminal Court: The Complementarity Objection Stripped Bare
Criminal Law Forum, 2008, Vol 19, Issue 1, pp 115-151.
28 Pages Posted: 13 Aug 2013
Date Written: June 1, 2007
One of the objections to the proposal to include legal persons, such as corporations, in the jurisdiction of the International Criminal Court (ICC) was the concern as to the impact such a development would have on the Court’s complementarity regime given the disparate positions of national legal systems on the issue of corporate criminal liability. Despite the repetition of this objection by commentators since the Rome Conference debates on the issue, it has not been subject to theoretical scrutiny. This article analyses the objection and concludes that it ultimately operates as a deferral strategy, deflecting debate on the policy issues that are essentially at the heart of the question as to whether corporations should be included in the jurisdiction of the ICC.
Keywords: corporations, international crimes, International Criminal Court, complementarity
JEL Classification: K00, K10, K14, K33
Suggested Citation: Suggested Citation