Prosecuting Corporate Executives for War Crimes in Sudan

Abstract

Corporations may in different contexts be involved in harmful activities that may amount to war crimes, crimes against humanity and genocide. This article examines how corporate representatives (a director, officer, agent or employee) may be held individually criminally responsible for corporate complicity in war crimes. This will be illustrated by the Lundin case, which concerns the indictment lodged at the district court of Stockholm against chairman of the board of Lundin Energy, I.L., and former CEO A.S. for complicity in alleged war crimes 1997-2003 in Southern Sudan. The most pertinent legal issues in the case that this article covers include jurisdiction, Government authorisation to prosecute, complicity in international crimes, applicability of international humanitarian law (IHL) and the Swedish penal provision on war crimes.

Keywords: War crimes, complicity, international humanitarian law, corporate criminal responsibility