The Corporate Responsibility to Respect Human Rights: Lessons Drawn from Corporate Criminal Liability and Moral Imagination

Criminal Liability ◽

International Studies ◽

Private International Law ◽

Research Themes ◽

International Responsibility ◽

Domestic Law

Transnational corporations (TNCs) have assumed a greater share of global power vis-à-vis states. Thus, understanding how to assign corporate responsibility has become more urgent for scholars in international studies. Are corporations fit to be held responsible? If so, what are the existing ways of doing so? There are three research themes on conceptualizing corporate responsibility: (a) corporate criminal liability, in which corporations are assigned responsibility by determining criminal intent and liability in domestic law; (b) corporate social responsibility (CSR), in which corporations are assigned responsibility through praise and blame for adopting voluntary standards that conform with societal values; and (c) corporate international responsibility, a subset of CSR in which corporations are assigned responsibility by hardening international law, especially in human rights and the environment. The three themes feature research on corporate responsibility across a variety of disciplines, including law, criminology, global governance, sociology, business, and critical theory. Each theme prioritizes different debates and questions for research. For corporate criminal liability, the most important questions are about corporate intent in assigning blame for criminal behavior and how to deal with corporate criminal liability in domestic law. For CSR, the most important questions are about determining what obligations corporations take on as part of their social compact, how to track progress, and whether CSR leads to nonsymbolic corporate reforms. For corporate international responsibility, the most important questions are articulating on what grounds corporations should be held responsible for transnational violations of CSR obligations in state-based public international law or contract-based private international law. There are a range of ways to evaluate corporate responsibility in the three research themes. As such, the future of conceptualizing TNCs’ responsibility is diverse and open for examination by scholars of international studies.

Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours

International Human Rights Law Review ◽

10.1163/22131035-00702003 ◽

2018 ◽

Vol 7 (2) ◽

pp. 225-248

Author(s):

Taygeti Michalakea

Keyword(s):

Human Rights ◽

Criminal Law ◽

Criminal Liability ◽

Criminal Court ◽

Court Of Justice ◽

The Future ◽

Tailored Approach ◽

Corporate Wrongdoing

This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.

Bioethics, Complementarity, and Corporate Criminal Liability

International Criminal Law Review ◽

10.1163/15718123-01703004 ◽

2017 ◽

Vol 17 (6) ◽

pp. 997-1021

Author(s):

Ryan Long

Keyword(s):

Genetic Engineering ◽

Criminal Law ◽

International Criminal ◽

Criminal Liability ◽

International Criminal Law ◽

Genetic Privacy ◽

Organ Trafficking ◽

This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.

Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol

The Law and Development Review ◽

10.1515/ldr-2018-0039 ◽

2018 ◽

Vol 11 (2) ◽

pp. 843-878 ◽

Cited By ~ 1

Author(s):

Oyeniyi Abe ◽

Ada Ordor

Keyword(s):

Human Rights ◽

Criminal Liability ◽

Sub Saharan Africa ◽

Human Rights Violations ◽

African Countries ◽

Departure Point ◽

Court Of Justice ◽

Resource Industry ◽

Guiding Principles ◽

Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in short as the Malabo Protocol). If ratified, the Protocol would expand the jurisdiction of the proposed African Court of Justice and Human Rights to adjudicate matters of corporate criminal liability in Africa. This paper analyses the prospects of advancing corporate respect for human rights and access to judicial remedies by victims of corporate human rights abuse through the lens of Article 46 (C) of the Malabo Protocol. The departure point is that the adoption and ratification of the Protocol would be an important step in preventing or stopping human rights violations by corporate actors in Africa’s extractive resource industry. This position is predicated on the inference that the expanded jurisdiction provided by the Malabo Protocol is consistent with the commitment of African countries to implement Pillar II of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles) on respect for human rights by corporate entities. In addition, the Malabo Protocol’s proposal to adjudicate corporate criminal liability is consistent with Pillar III of the Guiding Principles on the provision of remedies for human rights violations. Creating a regional approach to address corporate criminality is an important African solution to a pressing African problem.

The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa

10.1093/oso/9780198810568.003.0013 ◽

2017 ◽

Author(s):

Charles Chernor Jalloh

Keyword(s):

Human Rights ◽

International Criminal ◽

Criminal Liability ◽

Criminal Court ◽

International Criminal Law ◽

Crimes Against Humanity ◽

International Human Rights Law ◽

Human Rights Law ◽

International Crimes ◽

In June 2014, the African Union adopted the first treaty that would establish an unprecedented regional court with a combined jurisdiction over criminal, human rights, and general matters. The protocol introduced various innovations by, for instance, advancing expanded definitions of core international crimes such as genocide, crimes against humanity, and war crimes; providing for corporate criminal liability; and prohibiting the dumping of hazardous waste into the environment. The AU’s new treaty was concluded in the shadow of tensions between the International Criminal Court (ICC) and some African states and raises theoretical, legal, and policy issues with serious implications for regional and international law. This chapter draws on the lessons of international human rights law to explore the likely impact of the new tribunal on the present and future of international criminal law enforcement globally, especially given the recent purported withdrawals of Burundi, The Gambia, and South Africa from the Rome Statute establishing the ICC.

Corporate Responsibility for Transnational Human Rights Violations under German Criminal Law – Review and Outlook

European Criminal Law Review ◽

10.5771/2193-5505-2020-3-395 ◽

2020 ◽

Vol 10 (3) ◽

pp. 395-409

Author(s):

Petra Wittig

Keyword(s):

Human Rights ◽

Criminal Law ◽

Criminal Liability ◽

Individual Responsibility ◽

Human Rights Violations ◽

Economic Power ◽

Economic Profit ◽

Present Essay ◽

The Usa

Time and again, cases come to light in which companies in unstable regions have participated in crimes, including human rights violations. However, the economic power over these companies is regularly geographically distant, anchored in the stable regions of the world, e.g. in a corporate headquarters located in Europe, the USA, Canada or Australia, where the economic profit ultimately accrues. Starting from this imbalance, the present essay examines the question of the criminal (co-)responsibility of these power holders using the example of the German legal system. It becomes apparent that the concept of criminal law, which is still based almost exclusively on individual responsibility, leads to deficits in the investigation of the most serious economically driven crimes. Despite this need for reform, however, even de lege lata a top management based in Germany can be held (jointly) liable for distant crimes under the concept of "principal’s criminal liability" (“Geschäftsherrenhaftung”).”

Introduction: Human Rights Compliance and Corporate Criminal Liability

Criminal Law Forum ◽

10.1007/s10609-018-9352-0 ◽

2018 ◽

Vol 29 (4) ◽

pp. 495-497

Author(s):

Kai Ambos ◽

Carsten Momsen

Keyword(s):

Human Rights ◽

Criminal Liability ◽

Pertanggungjawaban Korporasi dalam Tindak Pidana ‎Pencucian Uang menurut Hukum Islam

Al-Jinayah Jurnal Hukum Pidana Islam ◽

10.15642/aj.2016.2.2.385-407 ◽

2016 ◽

Vol 2 (2) ◽

pp. 385-407

Author(s):

Renata Amalia

Keyword(s):

Money Laundering ◽

Criminal Law ◽

Islamic Law ◽

Criminal Liability ◽

Legal Action ◽

Legal Entity ◽

Article 5 ◽

Legal Entities

Abstract: This article highlights a corporate responsibility in the crime of money laundering in accordance with Islamic law. Corporate criminal liability set forth in article 6 of Law No. 8 of 2010 which states that in the case of money laundering as defined in Article 3, Article 4 and Article 5 committed by a corporation, crime laid against and/or personnel controlling corporation. Islamic law also recognize the existence of the legal entity or corporation. This is evidenced by the jurists who introduced treasury as the legal agency. It has rights and can take legal action but can not be burdened with responsibility because they do not have the knowledge and choice. So that if a legal agency has committed a crime then a person who should be accountable are administrators or managers of the legal agency. But there are also penalties for legal entities, such as the punishment of dissolution, destruction, eviction and foreclosure.Keywords: Corporate, money laundering, Islamic criminal law. Abstrak: Artikel ini membahas tentang pertanggungjawaban korporasi dalam tindak pidana pencucian uang menurut hukum Islam. Pertanggungjawaban pidana korporasi diatur dalam pasal 6 UU No. 8 tahun 2010 yang menyebutkan bahwa dalam hal tindak pidana pencucian uang sebagaimana dimaksud dalam pasal 3, pasal 4, dan pasal 5 dilakukan oleh korporasi, pidana dijatuhkan terhadap dan/atau personil pengendali korporasi. Hukum Islam juga mengenal adanya badan hukum atau korporasi, hal ini dibuktikan dengan para fuqaha yang mengenalkan baitul mal (perbendaharaan negara) sebagai badan hukum. Badan hukum ini mempunyai hak dan dapat melakukan tindakan hukum tetapi tidak dapat dibebani pertanggungjawaban karena tidak memiliki pengetahuan dan pilihan. Sehingga apabila badan hukum melakukan suatu tindak pidana maka yang dapat dimintakan pertanggungjawaban adalah pengurus atau pengelola badan hukum tersebut, tetapi ada pula hukuman bagi badan hukum, seperti hukuman pembubaran, penghancuran, penggusuran dan penyitaan.Kata Kunci: Korporasi, pencucian uang, hukum pidana Islam

Human Rights and the New Corporate Accountability: Learning from Recent Developments in Corporate Criminal Liability

Journal of Business Ethics ◽

10.1007/s10551-009-0294-7 ◽

2009 ◽

Vol 87 (S2) ◽

pp. 419-432 ◽

Cited By ~ 8

Author(s):

Aurora Voiculescu

Keyword(s):

Human Rights ◽

Criminal Liability ◽

Corporate Accountability ◽

Recent Developments ◽

Human Rights Litigation against Multinational Companies in France

10.1093/oso/9780198866220.003.0009 ◽

2021 ◽

pp. 230-253

Author(s):

Sandra Cossart ◽

Lucie Chatelain

Keyword(s):

Human Rights ◽

Criminal Liability ◽

Tort Law ◽

Foreign Subsidiaries ◽

Collective Actions ◽

Consumer Complaints ◽

Enforcement Mechanisms ◽

Human Rights Standards ◽

Parent Companies

Sandra Cossart and Lucie Chatelain review strategic human rights and environmental cases against multinationals in France. By reference to actual cases they outline the legal bases, jurisdiction, and procedure for corporate criminal liability for offences overseas. They discuss cases arising from consumer complaints for misrepresentations by multinationals about human rights standards in supply chains. Regarding tort law, they explain the corporate veil and other hurdles and the potential for claims against parent companies and attempts made to utilise French labour law by employees of foreign subsidiaries. They explain the ground-breaking Law on the Duty of Vigilance of parent and instructing companies, the potential for civil liability in the event of failure to comply with the requirements for a vigilance plan, and judicial enforcement mechanisms. They outline procedural barriers to claims against multinationals, including with regard to access to evidence, collective actions, legal standing of NGOs, and costs rules.