Corporate Criminal Liability: Article 10 of the Convention against Transnational Organized Crime

Abstract

The UN Convention against Transnational Organized Crime (UNCTOC) establishes criminal liability of the corporation as a legal entity in addition to the individual liability of persons who may be acting on behalf of the corporation. The purpose of this article is to address corporate criminal liability for illicit business practices that may be committed by a corporation in violation of international human rights law. This article will discuss corporate criminal liability under international conventional law and will discuss the extent to which U.S. domestic laws recognize corporate criminal liability. The article will highlight new trends in international law related to corporate liability, as well as instances where the legitimacy of corporate liability has been legally denied. Using Article 10 and domestic precedent, this article will argue that the role corporations play in international trade and development warrants their accountability and responsibility once they are involved in illicit business practices. [ABSTRACT FROM AUTHOR]