Australian Prosecution of Corporations for International Crimes

Author: Kyriakakis, Joanna

Source: Journal of International Criminal Justice, Volume 5, Number 4, September 2007 , pp. 809-826(18)

Publisher: Oxford University Press

Abstract:

On 1 July 2002 new provisions for the prosecution of genocide, crimes against humanity and war crimes came into operation within the Australian Commonwealth Criminal Code. The offences were introduced as a part of Australia's ratification of the Rome Statute of the International Criminal Court. Through the enactment of these crimes within the broader context of the Criminal Code, Australia has, perhaps unwittingly, created a basis to prosecute corporations for these crimes even under the universal jurisdiction principle. A current investigation by the Australian Federal Police into the possible role of mining company Anvil Mining Limited in facilitating a military offensive in the town of Kilwa in the Democratic Republic of the Congo indicates that Australia, like many nations today, is grappling locally with the possibility of corporate involvement in international crime. As a potential source of action against companies implicated in international crime, the possible reach of the Australian Criminal Code provisions warrants consideration. This article outlines the application of the new Australian international crimes provisions to corporations and argues that, if used appropriately, these will represent a positive development toward corporate accountability.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/jicj/mqm047

Publication date: 2007-09-01

More about this publication?

• JICJ aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, JICJ addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.

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