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Prosecuting Corporations for Genocide

«Prosecuting Corporations for Genocide proposes a new horizon for international criminal justice. Via thorough analysis of previous experiences, cases, moral and legal arguments, Professor Kelly explores the potential of including corporations under the jurisdiction of the International Criminal Court and suggests a viable path for so doing...I applaud his invitation to reopen this much-needed conversation...Forcing us to keep discussing how we are building global institutions and what new international legal standards should be adopted, Professor Kelly's book should be celebrated as a meaningful part of the search for laying new global foundations for a peaceful coexistence. (From the Foreword) Luis Moreno-Ocampo, Global Practice Counsel, Getnick & Getnick LLP Founding prosecutor of the International Criminal Court»

Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Les mer

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Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit.

Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international
law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done
promptly.

Detaljer

Forlag
Oxford University Press Inc
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780190238896
Utgivelsesår
2016
Format
16 x 24 cm

Om forfatteren

Michael J. Kelly is Associate Dean and Professor of Law at Creighton University. He is president of the U.S. National Section of L'Association International du Droit Penal (AIDP), a Paris-based society of international criminal law scholars, judges and attorneys founded in 1924 that enjoys consultative status with the United Nations. Professor Kelly is a member of the International Association of Genocide Scholars and directs a summer program on
genocide, the Holocaust, and International Criminal Law in Nuremberg, Germany in cooperation with Friedrich-Alexander-Universitat Erlangen-Nurnberg. He also serves as Co-Chair of the American Bar Association's Task Force on Internet Governance, and served from 2012-2015 as a member of the President's Advisory Committee
on Global Engagement for the American Association of Law Schools (AALS).

Anmeldelser

«Prosecuting Corporations for Genocide proposes a new horizon for international criminal justice. Via thorough analysis of previous experiences, cases, moral and legal arguments, Professor Kelly explores the potential of including corporations under the jurisdiction of the International Criminal Court and suggests a viable path for so doing...I applaud his invitation to reopen this much-needed conversation...Forcing us to keep discussing how we are building global institutions and what new international legal standards should be adopted, Professor Kelly's book should be celebrated as a meaningful part of the search for laying new global foundations for a peaceful coexistence. (From the Foreword) Luis Moreno-Ocampo, Global Practice Counsel, Getnick & Getnick LLP Founding prosecutor of the International Criminal Court»

«When commercial corporations do not respond properly to the carrot of praise for social responsibility, they may need to be hit with the stick of criminal prosecution, particularly when their activities amount to complicity in genocide and other international crimes. Although there has been much talk about the criminal law option, it remains largely dormant. This thoughtful and very useful book becomes the standard reference for the law and practice in this field." William Schabas, Professor of International Law, Middlesex University, London»

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