from Part II - Criminal Justice Mechanisms
Published online by Cambridge University Press: 10 October 2025
Chapter 3 on criminal justice mechanisms examines international criminal and international and regional human rights law, to unearth elements of a state duty to prosecute and punish corporate entities. Even if a standalone obligation in relation to corporate entities might not arise, it seems that in cases of corporate abuses, state duties do not end with individual prosecutions, while the absence of a respective international forum emphatically points to the need for the establishment of such an institution. Two innovative ideas emerging from relevant doctrine and practice include, first, the evolution of corporate criminal liability to an emerging principle of international law. This demonstrates that traditional barriers in the field of corporate criminal liability tend to be tempered, particularly so in the context of transitions. Secondly, Teitel’s ‘right to accountability’ in transitional periods can lend support for a new conceptualization of CA within TJ, by highlighting the magnitude of dissonance of corporate impunity during transitions and by indicating the prevalence of holding perpetrators accountable over more technical and thus less important considerations. Considering the unique features of transitional periods, this chapter, also, explores the challenges of pursuing corporate accountability within their evolving dynamics and inherent constraints.
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