The Future of International Criminal Justice is Corporate

Abstract

The article explores the evolving recognition of corporate liability within international criminal law (ICL), traditionally centred on individual criminal responsibility. It underscores the involvement of multinational corporations in international crimes, human rights abuse and environmental harm. The article examines domestic and international legal frameworks, including the Malabo Protocol, which explicitly incorporates corporate liability for core international crimes and transnational crimes. It contrasts nominalist and organizational models of corporate liability and addresses conceptual challenges such as corporate intent and agency. The article advocates for integrating corporate liability into ICL responses to atrocity crimes, emphasizing its potential to bridge the Global North-South asymmetry in liability and provide equitable justice.