Corporate criminal liability and international criminal law

The study investigates the question of the international criminal liability of corporations. The issue of the involvement of private corporations in international crimes has been a matter of controversy for decades. Over the years, several scholars have commented in favour or against the feasibility of holding business companies accountable under international criminal law. Both sides of the debate have often based their arguments on a narrow interpretation of the history of international criminal law centred solely on two pivotal moments: The Nuremberg trials (1946-1948) and the adoption of the Rome Statute (1998).
To those against an international criminal liability of corporations, the lack of formal recognition of such liability in Nuremberg and Rome represents a clear indication that the international criminal system rejected the concept altogether. This reading of the history of international criminal law has been embraced by the U.S. Supreme Court in its 2018 opinion in the case Jesner v. Arab Bank. The study contests the narrow interpretation provided by the U.S. Supreme Court and argues that, whilst never formally recognised, the question of the international criminal liability of corporations has constantly been a part of the debate on the scope of international criminal law.
Through a systematic analysis of normative and academic sources, this study explores the extent to which the criminal liability of corporate actors has been discussed in the context of international criminal law from the early 1940s to the present day. This examination highlights the ongoing relevance of the issue under consideration and the evolution of the arguments used to advance or contest the applicability of international criminal law to corporations. In doing so, it demonstrates that the challenges that have so far prevented the adoption of such concept at the international level are not without solutions. Additionally, the study offers practical solutions for the development of a feasible model to impose international criminal liability to corporations. In consideration of its centrality in the international criminal justice system, the International Criminal Court is suggested as the designated forum for prosecution.
By providing a comprehensive evaluation of the development of the debate on corporate criminal liability and international criminal law, the aims to facilitate a more genuine and open discussion on the possibility of establishing an international criminal liability of corporations.