Strategic Litigation and Corporate Complicity in Crimes Under International Law

Strategic Litigation and Corporate Complicity in Crimes Under International Law
Author: Kalika Mehta
Publisher: Taylor & Francis
Total Pages: 207
Release: 2023-10-09
Genre: Law
ISBN: 1000969932

This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.

Transitional Justice and Corporate Accountability from Below

Transitional Justice and Corporate Accountability from Below
Author: Leigh A. Payne
Publisher: Cambridge University Press
Total Pages: 395
Release: 2020-04-30
Genre: Law
ISBN: 1108474136

Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Success Without Victory

Success Without Victory
Author: Jules Lobel
Publisher: NYU Press
Total Pages: 331
Release: 2006-02
Genre: History
ISBN: 0814751911

An examination of how some legal issues are losing cases - but that's okay because advances are still possible.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Author: Laura Ausserladscheider Jonas
Publisher: BRILL
Total Pages: 256
Release: 2021-12-28
Genre: Law
ISBN: 900447093X

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Terrorism and Asylum

Terrorism and Asylum
Author: James C. Simeon
Publisher: BRILL
Total Pages: 442
Release: 2020-09-25
Genre: Law
ISBN: 9004295992

Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.

The Crime of Aggression

The Crime of Aggression
Author: Claus Kreß
Publisher: Cambridge University Press
Total Pages:
Release: 2016-10-27
Genre: Law
ISBN: 1108107494

The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.

Crimes of Business in International Law

Crimes of Business in International Law
Author: Thomas M. Schmidt
Publisher: Nomos Verlag
Total Pages: 401
Release: 2015-12-31
Genre: Law
ISBN: 3845271574

Die Prävention von Wirtschaftstätigkeit, die zu schwersten Menschenrechtsverletzungen beiträgt, ist für die internationale Gemeinschaft von hoher Bedeutung. Der Verfasser entwirft Wege zur Begründung individueller strafrechtlicher Verantwortlichkeit für das Bereitstellen von Infrastruktur-, Finanz- und sonstigen Mitteln zur Begehung von Verbrechen gemäß dem Römischen Statut des Internationalen Strafgerichtshofs. Das Werk macht dafür grundlegende Beiträge der deutschen Strafrechtswissenschaft fruchtbar und hinterfragt kritisch die Rechtsprechung des Gerichtshofs zu Täterschaft und ziviler Vorgesetztenverantwortlichkeit. Aus menschenrechtlicher Perspektive legt der Autor dar, in welchem Umfang sozial erwünschte wirtschaftliche Betätigung straffrei zu stellen ist. Ein interdisziplinärer Zugriff auf das rechtspolitische Vorhaben einer völkerrechtlichen Unternehmensstrafbarkeit legt den ungelösten Konflikt zwischen konträren Organisationswirklichkeiten als wichtiges Reformhindernis frei.

Human Rights Litigation Against Multinationals in Practice

Human Rights Litigation Against Multinationals in Practice
Author: Richard Meeran
Publisher: Oxford University Press
Total Pages: 385
Release: 2021
Genre: Law
ISBN: 0198866224

This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.