Societas delinquere potest. The criminal responsibility of corporations under international law between theoretical hurdles and practical necessity
Societas delinquere potest. The criminal responsibility of corporations under international law between theoretical hurdles and practical necessity
Date
2024
Authors
Cambruzzi Eleonora
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Abstract
The fact that international criminal law has so far not been applied to corporate complicity in
international crimes creates the widest accountability gap in the field. Traditionally, corporations
have been excluded on the basis of the contention that they are not subjects of international law and
therefore not bound by it. Moreover, for centuries legal entities were considered to be incapable of
committing the same crimes as individuals. In light of the increasing number of obligations that are
imposed on companies by treaty and given the large number of cases of international crimes
committed with the complicity of corporations, these theoretical objections become less and less
relevant. Therefore, the main question now is: what is the best way to hold them accountable for such
criminal behaviour? In this thesis, we will explore why criminal responsibility is to be preferred over
civil liability, why collective responsibility of the legal entity is to be coupled with personal
responsibility of the head executives, and which violations of international law should be
encompassed. Then, the actus reus and mens rea of corporate complicity in international crimes will
be explored, with a focus on how to hold accountable parent companies in the case of multinational
corporations. Finally, it will be suggested that if any meaningful level of justice is to be attained, the
mechanism of universal jurisdiction should be employed.
Description
Second semester University: Queen's University, Belfast
Keywords
international criminal law,
business,
corporate responsibility,
accountability