Corporations, Accountability and International Criminal Law
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Corporations, Accountability and International Criminal Law

Industry and Atrocity

9780857939494 Edward Elgar Publishing
Joanna Kyriakakis, Senior Lecturer, Faculty of Law, Monash University, Australia
Publication Date: 2021 ISBN: 978 0 85793 949 4 Extent: 320 pp
This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

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Critical Acclaim
Contents
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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity.
 
From the post-World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Students, practitioners and academics of international criminal law will find this a beneficial read, particularly through its engagement with the key contemporary debate around the extension of international criminal law to business actors. The exploration of how to address the global governance gap and better account for human rights abuses in transnational corporate activity will also make this an invigorating book for business and human rights scholars.
Critical Acclaim
‘The book delves expertly and critically into a prominent, albeit specialized and sometimes prosaic, mechanism of corporate accountability for human rights abuses. It is well-written and accessible. The coupling of succinct case histories with insightful and critical commentary of all major corporate international criminal law (ICL) trials and related developments means that this volume should be of interest to a range of audiences, from legal and non-legal backgrounds. It is a wonderful resource for educators, scholars and practitioners alike. Whether or not the reader agrees with Kyriakakis’ views, and her optimism, one thing is for sure: we will all be better placed to contemplate the future of corporate accountability under ICL having digested this book.’
– Business and Human Rights Journal

‘Kyriakakis exceedingly achieves the goals that she set for herself early in the book: increasing the reader''s exposure to the state of the art and analysing the major debates within the topic. For this reason, it is a fascinating read for students and instructors alike.’
– Mrinalini Shinde, Humanitäres Völkerrecht

‘Industry uplifts, at times, but industry also violates human rights, at other times. How to hold industry responsible for those harms? This clear, cogent, and comprehensive book makes a compelling case for the role of international criminal law in this regard. Creatively wise and never naively imprudent, Joanna Kyriakakis delivers a brilliant contribution to crucial debates on corporate responsibility.’
– Mark A. Drumbl, Washington and Lee University, US

‘This work could not have come at a better time. Corporate liability is increasingly explored in international criminal law as an alternative to criminal responsibility of natural persons. The author is an expert on the topic and this work will be a standard work on corporate criminal liability for many years to come.’
– Elies van Sliedregt, University of Leeds, UK
Contents
Contents: Preface 1. Industry and atrocity: the business and human rights context 2. Industry at Nuremberg: justice in the post World War II era 3. Industry at Rome: the International Criminal Court 4. Industry at The Hague and beyond: ad hoc, hybrid and domestic courts 5. Industry and transitional justice: beyond the criminal trial 6. Industry and international criminal justice: evaluating the challenges Index
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