Multinational corporate complicity

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Book Chapter

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Colvin, E., & Chella. J. (2012). Multinational corporate complicity. In V.O. Nmehielle (Ed.). Africa and the Future of International Criminal Justice (pp. 297-318). The Hague: Eleven International Publishing

2012 HERDC submission. FoR code: 180199

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There have been debates about the legitimacy of the focus by the International Criminal Court on crimes committed in Africa in comparison with other troubled regions of the globe. There have also been debates about whether there may be alternative, perhaps more appropriate, mechanisms for advancing peace, order and good governance in Africa. There is, however, another issue relating to the relationship between the Court and Africa which has attracted less attention: the Court's exclusive focus on local, African perpetrators of international crimes to the neglect of external parties who may arguably share responsibility for these crimes: n particular, multinational corporations. The Rome Statute of the International Criminal Court (ICC) does not at present permit the prosecution of corporations. Arguments are presented in this paper for amendments to the Statute in order to introduce corporate liability and to bring the characteristic modes of corporate involvement in international crimes within the scheme for accomplice liability.

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