Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit.Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.

Note on SourcesList of IllustrationsForeword -- by Luis Moreno-Ocampo, Founding Prosecutor of the International Criminal CourtAcknowledgments1. Introduction2. The Corporation as an Atrocity Contributora. Historical Perspective - British East India / Dutch East Indiab. Recent history - IG Farben - WWI, WWIIc. Modern history - Kiobel litigation3. The Corporation as a Subject of International Lawa. Status as a "Legal Person"b. Application of the Genocide Conventionc. Recognition by the International Court of Justiced. International Criminal Tribunal Jurisdiction4. Modes of Criminal Liability under International Lawa. Proving Genocideb. Complicity to Genocidec. Command Responsibilityd. Aiding and Abettinge. Joint Criminal Enterprise (JCE)5. Case Studies: Corporate Complicity in Genocidea. Chinese National Petroleum Corporation & the Darfur Genocideb. German Chemical Corporations & the Kurdish Genocide6. Prosecuting Corporations for Genocide: The Domestic versus the International Patha. Universal Jurisdiction over Jus Cogens conductb. Domestic Prosecutionc. International Prosecution7. Arguments Against Prosecuting Corporations for Genocidea. Legal Critiquesb. Policy Critiquesc. Economic Critiques8. ConclusionAppendix 1: Arrest Warrant for President al-Bashir on Charges of GenocideAppendix 2: Unclassified List of German Corporations Implicated in Developing Iraq's Chemical Weapons ProgramAppendix 3: U.S. Department of Justice Instructions for Prosecution CorporationsAppendix 4: Bill C-45: Amendments to the Criminal Code Affecting the Criminal Liability of OrganizationsAbout the AuthorIndex