Assessment of Corporate Criminal Responsibility for Complicity in International Crimes: the Case of Democratic Republic of Congo
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Date
2018-01
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Addis Ababa University
Abstract
Presently, the possibility of assistance being extended to the perpetrators of the core
international crimes has increased. Especially, MNCs operating in conflict areas are often
found complicit for War Crimes, Crime against Humanity, and Genocide alleged to be
committed by armed groups. This research tries to assess corporate criminal responsibility for
complicity in international crimes by taking the case of DRC as a demonstration. It analyzes the
conceptual framework on criminal responsibility of complicit Corporations for international
crimes. The research examines the prosecution of such Corporations in DRC at different
judicial forums. In DRC, since conflict over controlling natural resource prevails, the
complicity of Corporations operating in the extractive industry is high. Corporations assist
government and armed rebel groups by providing finance, weapons, vehicles and air support
that facilitate the commission of international crimes. However, owing to the absence of
corporate criminal responsibility under the Congolese Criminal Code and due to the
ineffectiveness of the judicial system and other economic and political factors, complicit
Corporations in international crimes are not brought to justice. Corporate criminal
responsibility for international crimes has been included under the protocol of the African
Court of Justice and Human Rights. Although the protocol articulates Criminal Section of the
ACJHR as potential fora to prosecute Corporations, it is yet in force. There are also challenges
in establishing jurisdiction, and organizing evidence for prosecution in DRC. Thus, the
prosecution of Corporations before the International Criminal Court becomes relevant, but this
is contingent up on the inclusion of corporate criminal responsibility under the Rome Statute of
International Criminal Court. Therefore, it is suggested that, corporate criminal responsibility
should be included under the Rome statute and in the Congolese criminal code, in addition to
which such laws in the home states of the MNCs are necessary if they are not existent.
Moreover, the investigation, prosecution and judicial system of DRC should be improved
commensurate with the tasks involved in such prosecution and adjudication. The DRC
government should sign and ratify the African Court of Justice and Human Rights protocol,
thereby creating possible future court for holding Corporations liable. The home states of
MNCs as part of their international obligations and based on their own criminal laws should
also punish complicit Corporations.
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Keywords
International crimes, Complicity, Multinational Corporations, Criminal responsibility, Prosecution