A Possible Case for Imposing Criminal Liability on Corporations in International Criminal Law

摘要

This brief comment presents a case for imposing criminal liability on corporations in international criminal law. Nowadays, corporations are powerful global actors. They are ‘real’ in the legal world and have a normative being. Operating through human beings, they have rights and obligations and are bearers of human rights. Consequently, argues the author, consistency within the legal system demands corporate criminal liability. Furthermore, their external structure and organization as well as the relationship between the corporation and its organs provide substantive reasons in favour of corporate liability. This comment also explains that there are clear advantages of corporate criminal liability as opposed to administrative or civil sanctions. In addition, it is suggested to expand the jurisdiction of the International Criminal Court over corporations.