Corporate Liability for International Crimes: A Matter of Legal Policy Since Nuremberg

Abstract

This Article addresses the question whether, at this point, there exists sufficient basis to
conclude that holding corporations liable for international crimes before a permanent international
tribunal is not only legally sound, but also the most suitable response to an impunity gap that has
not yet been fully addressed by civil liability mechanisms and domestic jurisdictions. Part II
highlights the normative and operational problems that prevent civil remedies from being a
sufficiently adequate response to corporate involvement in the perpetration of international crimes.
Part III analyzes the current trend towards the recognition of corporate criminal liability in different
jurisdictions and how this could arguably be regarded as an early stage in the consolidation of a
customary norm. Part IV makes the case for the recognition of corporate criminal liability at the
international level in light of the developments that have taken place in the field since the
Nuremberg Trials.