Article 46C: Corporate Criminal Liability at the African Criminal Court

AFRICAN COURT OF JUSTICE AND HUMAN AND PEOPLE'S RIGHTS IN CONTEXT, C. Jalloh, K. Clarke, V. Nmehielle, eds, 2017 Forthcoming

42 Pages Posted: 22 May 2017  

Joanna Kyriakakis

Monash University - Faculty of Law

Date Written: September 1, 2016

Abstract

The proposed international criminal section of the African Court of Justice and Human and Peoples Rights (the African Criminal Court) involves a number of progressive features. Among them is the Court’s authority to hear cases against corporations for a comprehensive list of international and transnational crimes. According to Article 46C of the African Criminal Court’s statute, entitled ‘Corporate Criminal Liability’, ‘the Court shall have jurisdiction over legal persons, with the exception of States.’ As no international criminal court has yet to exercise jurisdiction over corporations for international or transnational crimes, the African Criminal Court, should it come into operation, will necessarily tread new ground. This paper forensically examines the contours of Article 46C, with a view to elucidating its scope and to explore some of the challenges it raises.

Keywords: African Court of Justice and Human Rights, African Criminal Court, Corporate Criminal Responsibility, International Crimes

JEL Classification: K14, K30, K33

Suggested Citation

Kyriakakis, Joanna, Article 46C: Corporate Criminal Liability at the African Criminal Court (September 1, 2016). AFRICAN COURT OF JUSTICE AND HUMAN AND PEOPLE'S RIGHTS IN CONTEXT, C. Jalloh, K. Clarke, V. Nmehielle, eds, 2017 Forthcoming. Available at SSRN: https://ssrn.com/abstract=2970864

Joanna Kyriakakis (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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