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Future days in court?

Over the summer, the prospect grew for 'corporate criminals' to one day appear in the dock.

Earlier in the year the Hague-based International Criminal Court (ICC) opened its doors and is now reviewing possible cases. The ICC's Statute has a very strict remit covering accepted definitions of serious criminal acts. The general view of legal experts is that the criminal liability of corporations is not well established in international law. 48 A change to the ICC statute would be needed for the Court to put heads of companies on trial alongside heads of states and armies, when it comes up for review in 2008. However, this review will concentrate on whether the ICC has jurisdiction over contentious issues like the illegal use of force, so activists in signatory countries to the ICC convention would have to lobby their governments hard - and soon - to get corporate accountability on the agenda. 49

Despite all this - and in the present, febrile atmosphere of international relations - it appears that the Court won't necessarily be cowed into only prosecuting Washington and London's foes-of-the-moment, but might extend its remit to look at big business after all. The ICC statute just about allows this if it can be shown that an organisation clearly and materially abetted an act of mass-killing, though this will obviously need to be tested in the Court at some point.

luis moreno ocampo

In July, there were early signs that the ICC might bring prosecutions over the continuing genocide in the Congo. "Companies who are doing illegal business and financing the crimes will know that we are following them," Luis Moreno Ocampo - the Court's chief prosecutor - told journalists at a press conference in the Hague. 50

Also in 2003 a Belgian 'war crimes' law was amended to allow trials in absentia, and to authorise the Belgian courts to try cases that fall outside the jurisdiction of the ICC. In June, the US lobbied Belgium to drop the new law, including by threatening to suspend financial support for a new NATO building in Brussels. 51 However, according to a January 2003 Guardian article there will be limits to the law's provenance, with or without US pressure, indicating that - like the ICC, which will subject all cases to a pre-trial review to decide if they are admissible - it is likely to be a highly political legal instrument. 52

48. See: William A Schabas, August 2001 'An Introduction to the International Criminal Court''ISBN 0521011493, page 81 & footnote 34, Cambridge University Press.

And: Geoffrey Robertson QC, 2000 'Crimes Against Humanity' Penguin Books, page 522, London ISBN 0140250298. http://www.penguin.co.uk/Book/BookFrame/0,1007,,00.html?0CS^0141010142


49. See: Philipe Sands, 15th January 2003, 'Our troops alone risk prosecution' Guardian, London. http://www.guardian.co.uk/comment/story/0,3604,874908,00.html

50. See: Ian Black, 17th July 2003 'Genocide court sets sights on Congo conflict' Guardian, London. http://www.guardian.co.uk/international/story/0,3604,999527,00.html

"He said the court could only intervene if the Congo courts were unable to deal with the crisis. A new government took office in June and it was unclear whether it would prosecute suspected war criminals in Ituri [...] He said the fighting appeared to be fuelled by the exploitation of the area's natural resources. Some reports cited links between companies in Africa, Europe and the Middle East and atrocities in Congo. Organised criminal groups from eastern Europe were also said to be involved."

BBC News Online, 23rd September 2002 'Firms face "blood diamond"' probe' London. http://news.bbc.co.uk/1/hi/business/3133108.stm

And: 'Coalition for the International Criminal Court' website: http://www.iccnow.org


51. Ian Black & Ewen MacAskill, 13th June 2003 'US threatens Nato boycott over Belgium war crimes law' Guardian, London. http://www.guardian.co.uk/international/story/0,3604,976449,00.html

And: Amnesty et al, 19th July 2002 'The Belgian law of Universal Jurisdiction gets a second wind' Brussels. http://www.unobserver.com/layout5.php?id=256&blz=1


52. Andrew Osborn, 17th January 2003 'Belgium may revive Sharon war crimes case' Guardian, London. http://www.guardian.co.uk/international/story/0,3604,876385,00.html

'There will be a special clause designed to deter "legal tourists". A filtering mechanism will be created to weed out cases which are purely political or propagandist in nature. "We will put up a filter for those cases which are not linked to Belgium... to allow for a speedier dismissal of purely political complaints which don't have anything to do with genocide or war crimes and which are often lodged as propaganda," said Vincent Van Quickenborne, a Liberal senator.'

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