Corporate War Crimes
Corporate War Crimes

Author: James G. Stewart

Publisher:

Published: 2011

Total Pages: 157

ISBN-13: 9781936133321

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Pillage means theft during war. Although the prohibition against pillage dates to the Roman Empire, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for commercial pillage of natural resources. And although pillage has been prosecuted in recent years, commercial actors are seldom held accountable for their role in fueling conflict. Reviving corporate liability for pillaging natural resources is not simply about protecting property rights during conflict--it can also play a significant role in preventing atrocity. Since the end of the Cold War, the illegal exploitation of natural resources has become a prevalent means of financing conflict. In countries including Angola, the Democratic Republic of the Congo, East Timor, Iraq, Liberia, Myanmar, and Sierra Leone, the illicit trade in natural resources has not only created incentives for violence, but has also furnished warring parties with the finances necessary to sustain some of the most brutal hostilities in recent history. In Corporate War Crimes, available in its second edition, law professor James G. Stewart offers a roadmap of the law governing pillage as applied to the illegal exploitation of natural resources by corporations and their officers. The text traces the evolution of the prohibition against pillage from its earliest forms through the Nuremburg trials to today's national laws and international treaties. In doing so, Stewart provides a long-awaited blueprint for prosecuting corporate plunder during war. Corporate War Crimes seeks to guide investigative bodies, war crimes prosecutors, and judges engaged with the technicalities of pillage. It should also be useful for advocates, political institutions, and companies interested in curbing resource wars. The report is available for download in English and French.

The International Criminal Responsibility of War's Funders and Profiteers
The International Criminal Responsibility of War's Funders and Profiteers

Author: Nina H. B. Jørgensen

Publisher: Cambridge University Press

Published: 2020-09-17

Total Pages: 571

ISBN-13: 1108651208

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This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

International Handbook of White-Collar and Corporate Crime
International Handbook of White-Collar and Corporate Crime

Author: Henry N. Pontell

Publisher: Springer Science & Business Media

Published: 2010-05-27

Total Pages: 700

ISBN-13: 0387341110

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Insider trading. Savings and loan scandals. Enron. Corporate crimes were once thought of as victimless offenses, but now—with billions of dollars and an increasingly global economy at stake—this is understood to be far from the truth. The International Handbook of White-Collar and Corporate Crime explores the complex interplay of factors involved when corporate cultures normalize lawbreaking, and when organizational behavior is pushed to unethical (and sometimes inhumane) limits. Featuring original contributions from a panel of experts representing North America, Asia, Europe, and Australia, this timely volume presents multidisciplinary views on recent corporate wrongdoing affecting economic and social conditions worldwide. Criminal liability and intent Stock market and financial crime Bribery and extortion Computer and identity fraud Health care fraud Crime in the professions Industrial pollution Political corruption War crimes and genocide Contributors offer case studies, historical and sociopolitical analyses, theoretical and legal perspectives, and comparative studies, featuring examples as varied as NASA, Parmalat, the Italian government, and Watergate. Criminal justice responses to these phenomena, the role of the media in exposing or minimizing them, prevention, regulation, and self- policing strategies, and larger global issues emerging from economic crime are also featured. Richly diverse in its coverage, The International Handbook of White-Collar and Corporate Crime is stimulating reading for students, academics, and professionals in a wide range of fields, from criminology and criminal justice to business and economics, psychology to social policy to ethics. This powerful information is certain to change many of our deeply held views on criminal behavior.

Towards Corporate Liability in International Criminal Law
Towards Corporate Liability in International Criminal Law

Author: Desislava Stoitchkova

Publisher:

Published: 2010

Total Pages: 260

ISBN-13:

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Seeking to address the problem of corporate involvement in grave human rights abuse, i.e. genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law.

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

Author: J. Kyriakakis

Publisher: Edward Elgar Publishing

Published: 2021-12-28

Total Pages: 320

ISBN-13: 9780857939494

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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.

The Handbook of White-Collar Crime
The Handbook of White-Collar Crime

Author: Melissa L. Rorie

Publisher: John Wiley & Sons

Published: 2019-09-13

Total Pages: 546

ISBN-13: 1118774795

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A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Author: Laura Ausserladscheider Jonas

Publisher: BRILL

Published: 2021-12-28

Total Pages: 256

ISBN-13: 900447093X

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Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Law, War and Crime
Law, War and Crime

Author: Gerry J. Simpson

Publisher: Polity

Published: 2007-10-08

Total Pages: 236

ISBN-13: 0745630227

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From events at Nuremberg and Tokyo after World War II, to the trials of Slobodan Molosevic and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. This book examines the meaning of such trials and their cultural and political effects.

Encyclopedia of White-Collar & Corporate Crime
Encyclopedia of White-Collar & Corporate Crime

Author: Lawrence M. Salinger

Publisher: SAGE

Published: 2005

Total Pages: 1013

ISBN-13: 0761930043

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In a thorough reappraisal of the white-collar and corporate crime scene, this Second Edition builds on the first edition to complete the criminal narrative in an outstanding reference resource.

State-corporate Crime
State-corporate Crime

Author: Raymond J. Michalowski

Publisher:

Published: 2006

Total Pages: 298

ISBN-13: 0813538890

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Enron, Haliburton, ExxonValdez, "shock and awe"-their mere mention brings forth images of scandal, collusion, fraud, and human and environmental destruction. While great power and great crimes have always been linked, media exposure in recent decades has brought increased attention to the devious exploits of economic and political elites. Despite growing attention to crimes by those in positions of trust, however, violations in business and similar wrongdoing in government are still often treated as fundamentally separate problems. In State-Corporate Crime, Raymond J. Michalowski and Ronald C. Kramer bring together fifteen essays to show that those in positions of political and economic power frequently operate in collaboration, and are often all too willing to sacrifice the well-being of the many for the private profit and political advantage of the few. Drawing on case studies including the explosion of the space shuttle Challenger, Ford Explorer rollovers, the crash of Valujet flight 592, nuclear weapons production, and war profiteering, the essays bear frank witness to those who have suffered, those who have died, and those who have contributed to the greatest human and environmental devastations of our time. This book is a much needed reminder that the most serious threats to public health, security, and safety are not those petty crimes that appear nightly on local news broadcasts, but rather are those that result from corruption among the wealthiest and most powerful members of society.