Publicação
Incorporating corporate criminal liability in transitional justice processes: past and present examples
| Resumo: | Transitional justice faces significant challenges in holding corporations accountable for their involvement in international crimes, particularly when they are not the masterminds behind the atrocities but profit financially from the situation. This complex dilemma demonstrates how some corporations profit from conflict zones, human rights violations, and weak governance structures while not directly committing the crimes. In these volatile environments, corporations may be directly or indirectly complicit, negligent, or even promote human rights violations. This topic raises fundamental questions about transitional justice systems and international law's approach to corporate criminal liability. Rather than letting multinational corporations off the hook, understanding and addressing these dynamics is critical to achieving truth, justice and reconciliation. This dissertation examines previous efforts to hold corporations accountable in transitional justice contexts, highlighting both successes and areas for improvement. It emphasises the importance of strong legal frameworks, effective enforcement methods, and collaboration between states, civil society, and international organisations to ensure that corporations are held accountable for their conduct. To accomplish this, it looks not only at the current legal frameworks and practices, but also at two particular situations in which corporate criminal liability was (or was not) tackled: the Ford case in Argentina and the Lafarge case in France/Syria. Its ultimate goal is to contribute to building an increasingly fair, responsible and accountable society. |
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| Autores principais: | JOANA PATRÍCIA MENDES DE SOUSA |
| Assunto: | transitional justice Human Rights Corporate Criminal Liability International Law Argentina Lafarge Justiça de Transiçãio Responsabilidade Criminal das Empresas Direito International Diretos Humanos |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | Transitional justice faces significant challenges in holding corporations accountable for their involvement in international crimes, particularly when they are not the masterminds behind the atrocities but profit financially from the situation. This complex dilemma demonstrates how some corporations profit from conflict zones, human rights violations, and weak governance structures while not directly committing the crimes. In these volatile environments, corporations may be directly or indirectly complicit, negligent, or even promote human rights violations. This topic raises fundamental questions about transitional justice systems and international law's approach to corporate criminal liability. Rather than letting multinational corporations off the hook, understanding and addressing these dynamics is critical to achieving truth, justice and reconciliation. This dissertation examines previous efforts to hold corporations accountable in transitional justice contexts, highlighting both successes and areas for improvement. It emphasises the importance of strong legal frameworks, effective enforcement methods, and collaboration between states, civil society, and international organisations to ensure that corporations are held accountable for their conduct. To accomplish this, it looks not only at the current legal frameworks and practices, but also at two particular situations in which corporate criminal liability was (or was not) tackled: the Ford case in Argentina and the Lafarge case in France/Syria. Its ultimate goal is to contribute to building an increasingly fair, responsible and accountable society. |
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