Prosecuting Corporations for Genocide

Michael J. Kelly is Associate Dean and Professor of Law at Creighton University. He is president of the U.S. National Section of L'Association International du Droit Pénal (AIDP), a Paris-based society of international criminal law scholars, judges and attorneys founded in 1924 that enjoys consultative status with the United Nations. Professor Kelly is a member of the International Association of Genocide Scholars and directs a summer program on genocide, the Holocaust, and International Criminal Law in Nuremberg, Germany in cooperation with Friedrich-Alexander-Universität Erlangen-Nürnberg. He also serves as Co-Chair of the American Bar Association's Task Force on Internet Governance, and served from 2012-2015 as a member of the President's Advisory Committee on Global Engagement for the American Association of Law Schools (AALS).

• Note on Sources List of Illustrations Foreword -- by Luis Moreno-Ocampo, Founding Prosecutor of the International Criminal Court Acknowledgments 1. Introduction 2. The Corporation as an Atrocity Contributora. Historical Perspective - British East India / Dutch East Indiab. Recent history - IG Farben - WWI, WWIIc. Modern history - Kiobel litigation 3. 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 Jurisdiction 4. 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 Genocide 6. Prosecuting Corporations for Genocide: The Domestic versus the International Patha. Universal Jurisdiction over Jus Cogens conductb. Domestic Prosecution c. International Prosecution 7. Arguments Against Prosecuting Corporations for Genocidea. Legal Critiquesb. Policy Critiquesc. Economic Critiques 8. Conclusion Appendix 1: Arrest Warrant for President al-Bashir on Charges of Genocide Appendix 2: Unclassified List of German Corporations Implicated in Developing Iraq's Chemical Weapons Program Appendix 3: U.S. Department of Justice Instructions for Prosecution Corporations Appendix 4: Bill C-45: Amendments to the Criminal Code Affecting the Criminal Liability of Organizations About the Author Index

Prosecuting Corporations for Genocide proposes a new horizon for international criminal justice. Via thorough analysis of previous experiences, cases, moral and legal arguments, Professor Kelly explores the potential of including corporations under the jurisdiction of the International Criminal Court and suggests a viable path for so doing...I applaud his invitation to reopen this much-needed conversation...Forcing us to keep discussing how we are building global institutions and what new international legal standards should be adopted, Professor Kelly's book should be celebrated as a meaningful part of the search for laying new global foundations for a peaceful coexistence. (From the Foreword) Luis Moreno-Ocampo, Global Practice Counsel, Getnick & Getnick LLP Founding prosecutor of the International Criminal Court