ABSTRACT

Many of the civil claims against corporations have been brought in the United States under the Alien Tort Claims Act (ATS), which allows foreign citizens to bring a tort action for violations of customary international law. The ATS appears to be a global anomaly in that it provides jurisdiction reserved for foreigners only over civil claims. Civil claims represent only one means of transnational accountability for corporations. Since the ICC excludes jurisdiction over legal entities, Rome Statute, article 25 limits the jurisdiction of the International Criminal Court (ICC) to natural persons. Frans van Anraat was accused of complicity in war crimes and genocide for selling a mustard gas component to Saddam Hussein's regime after the gas was used against civilians in Iraq and Iran. Corporate criminal responsibility may prove necessary, though, where the conduct requires a clear sanctioning of the business activities or where the criminal responsibility stems not from a single individual's actions but from the collective responsibility.