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

See all articles by Joanna Kyriakakis

Joanna Kyriakakis

Monash University - Faculty of Law

Date Written: June 1, 2007

Abstract

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

Kyriakakis, Joanna, Corporations and the International Criminal Court: The Complementarity Objection Stripped Bare (June 1, 2007). Criminal Law Forum, 2008, Vol 19, Issue 1, pp 115-151., Available at SSRN: https://ssrn.com/abstract=2309162

Joanna Kyriakakis (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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