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Corporate Criminality and Individual Criminal Responsibility in International Law: Removing the Hurdles from the International Criminal Court’s Approach to Perpetration through Control of a Collective Entity

In: International Criminal Law Review
Author:
Panagiota Kotzamani Lecturer in Law, School of Law, University of Essex, Colchester, UK panagiota.kotzamani@essex.ac.uk

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Abstract

This article discusses the International Criminal Court’s (icc) understanding of the notion of collective criminality and its application in identifying the perpetrators of international crimes committed through the activities of a corporation. It analyses the Court’s current approach to the notion of control in interpreting Art. 25(3)(a) of the icc Statute and explains why it cannot prove useful against individuals within non-state collective entities. In this direction, it suggests a more flexible theory of control and it applies it in the context of corporate criminality to identify the responsibility of company directors as perpetrators of international crimes through their corporation’s activities.

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