ABSTRACT
Chapter 7 thus assesses both domestic and transnational legal frameworks that claim jurisdiction over corporations and, more importantly, it identifies their weaknesses, omissions, and gaps which could lead to corporate impunity. Unlike states and international organisations who are the recognised subjects of International Law (IL), corporations fall outside this remit. Nor are they effectively governed by international criminal and humanitarian laws concerning genocide, war crimes, and crimes against humanity, applying to natural persons. This chapter considers how companies fit into a criminal justice system as it identifies precedent of corporate criminal responsibility in different national jurisdictions. Furthermore, by analysing examples of domestic criminal procedure for prosecuting corporations charged with international crimes it allows for international criminal law to be explored as a possible source of regulation.
