A STUDY ON CORPORATE COMPLICITY PRINCIPLES UNDER INTERNATIONAL CRIMINAL LAW

Authors

  • Shinde Hema Pramod Ph.D. Student, Enrollment No: 202PHD932892, Kalinga University,Raipur (CG), India.
  • Dr. Narendra Kumar Singh Ph.D Guide, Department of Law, Kalinga University, Raipur (CG), India.

DOI:

https://doi.org/10.29121/shodhkosh.v5.i1.2024.4846

Keywords:

Corporate Complicity, International Criminal Law, Principles

Abstract [English]

orporate complicity in international crimes is an emerging area of concern under international criminal law. This study examines the principles and frameworks governing corporate accountability for their involvement in crimes such as genocide, war crimes, and crimes against humanity. It traces the historical evolution of the concept from the Nuremberg Trials, explores key international instruments like the Rome Statute, and analyzes notable cases such as Kiobel v. Royal Dutch Petroleum. The study also highlights the challenges in prosecuting corporate entities, including jurisdictional issues, evidentiary hurdles, and the complexities of the corporate veil. Recent developments, including universal jurisdiction expansions and negotiations for a binding treaty on business and human rights, demonstrate progress in addressing these gaps. The article concludes by recommending strengthened legal frameworks, enhanced due diligence mechanisms, and the establishment of specialized tribunals to ensure justice and accountability.

References

Clapham, A. (2006). Human Rights Obligations of Non-State Actors. Oxford University Press.

De Schutter, O. (2011). Corporate Accountability and Human Rights. United Nations Office of the High Commissioner for Human Rights.

Nuremberg Trials Proceedings. (1945-1946). Trial of the Major War Criminals Before the International Military Tribunal. Nuremberg.

International Criminal Court (1998). Rome Statute of the International Criminal Court.

United Nations (2011). Guiding Principles on Business and Human Rights. United Nations Office of the High Commissioner for Human Rights.

OECD (2011). Guidelines for Multinational Enterprises. Organisation for Economic Co-operation and Development.

Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013).

Zerk, J. A. (2006). Multinationals and Corporate Social Responsibility: Limitations and Opportunities in International Law. Cambridge University Press.

Ratner, S. R. (2001). "Corporations and Human Rights: A Theory of Legal Responsibility." Yale Law Journal, 111(3), 443-545.

Taylor, M. B. (2017). The Business and Human Rights Landscape: Moving Forward, Looking Back. Cambridge University Press.

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Published

2024-06-30

How to Cite

Pramod, S. H., & Singh, N. K. (2024). A STUDY ON CORPORATE COMPLICITY PRINCIPLES UNDER INTERNATIONAL CRIMINAL LAW. ShodhKosh: Journal of Visual and Performing Arts, 5(1), 1959–1967. https://doi.org/10.29121/shodhkosh.v5.i1.2024.4846