ARTICLE: DOING BUSINESS WITH THE DEVIL: THE CHALLENGES OF PROSECUTING CORPORATE OFFICIALS WHOSE BUSINESS TRANSACTIONS FACILITATE WAR CRIMES AND CRIMES AGAINST HUMANITY Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2005 Air Force Judge Advocate General School
The Air Force Law Review

ARTICLE: DOING BUSINESS WITH THE DEVIL: THE CHALLENGES OF PROSECUTING CORPORATE OFFICIALS WHOSE BUSINESS TRANSACTIONS FACILITATE WAR CRIMES AND CRIMES AGAINST HUMANITY

2005

56 A.F. L. Rev. 167

Author

KYLE REX JACOBSON*

Excerpt



I. INTRODUCTION

When the chief prosecutor of the International Criminal Court (ICC), Luis Moreno Ocampo, signaled that persons involved in the trade of "blood diamonds" may be subject to charges of complicity in war crimes and genocide, 2 at least one reader of the ABA Journal cried foul: "Doesn't the ICC have any sense of the foundations of criminal law: a legitimate definition of the proscribed act, mens rea, and conscious and deliberate action? The sort of arbitrary, unlimited liability nonsense espoused by prosecutor Luis Ocampo is sufficient to reject the ICC and its jurisdiction out of hand." 3 Mr. Ocampo's statements have been a bit more guarded than the summary in the ABA Journal: "If they received diamonds and knew that the people delivering them were getting them because of genocide then they could well be part of the crime." 4

But the dilemma remains: at what point should a corporate official be held liable for facilitation of the four core international crimes--war crimes, crimes against humanity, genocide or wars of aggression 5--when his or her central motive is to make a profit? And should that determination also account for the great harm that can be caused by the amoral decision making of corporations? 6

If one doesn't ordinarily think of businessmen and businesswomen as war criminals, such a prosecution is not without precedent. Even though concerns about corporate involvement in wars and in international crimes are not new, 7 history ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities