Modern corporations are key participants in the new globalized
economy. As such, they have been accorded tremendous latitude and
granted extensive rights. However, accompanying obligations have
not been similarly forthcoming. Chief among them is the obligation
not to commit atrocities or human rights abuses in the pursuit of
profit. Multinational corporations are increasingly complicit in
genocides that occur in the developing world. While they benefit
enormously from the crime, they are immune from prosecution at the
international level. Prosecuting Corporations for Genocide proposes
new legal pathways to ensure such companies are held criminally
liable for their conduct by creating a framework for international
criminal jurisdiction. If a state or a person commits genocide,
they are punished, and international law demands such.
Nevertheless, corporate actors have successfully avoided this
through an array of legal arguments which Professor Kelly
challenges. He demonstrates how international criminal jurisdiction
should be extended over corporations for complicity in genocide and
makes the case that it should be done promptly.
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