The International Criminal Responsibility of War's Funders and Profiteers

Cambridge University Press, 9/17/2020
EAN 9781108483612, ISBN10: 1108483615

Hardcover, 500 pages, 22.9 x 15.2 x 3.2 cm
Language: English
Originally published in English

This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Introduction Nina H. B. Jørgensen
Part I. Financiers and Profiteers after the Second World War
Legal and Political Perspectives
1. Economic Aggression – A Soviet Concept Kirsten Sellars
2. Forced Labour and Norwegian War Profiteers in the Legal Purges after the Second World War Hans Otto Frøland
3. Economic Protectionism
Economic Policy and the Choice of Targets in International Criminal Tribunals Mark D. Kielsgard
Part II. Arms Fairs and 'Flying Money'
The Circulation of Weapons, Art and Cash in Conflict Zones
4. Linking Economic Actors to the Core International Crimes of the Syrian Regime Nina H. B. Jørgensen and William H. Wile
5. The Islamic State and the Illicit Traffic of Cultural Property Marina Lostal
6. Arms Transfer Complicity under the Rome Statute Tomas Hamilton
Part III. Developing the Available Law
Economic War Crimes and Crimes against Humanity
7. The Prohibition of Pillage in International Humanitarian Law Eve La Haye
8. A Jurisprudential History of the Displacement Crimes Applicable to Corporate Landgrabbing James G. Stewart
9. The International Responsibility of War Profiteers for Trafficking in Persons Michael Ramsden
Part IV. Where should the buck stop? The Legal Framework for Economic Aiders and Abettors
10. Charles Taylor Inc
Lessons from the Trial of a President, Businessman and Warlord Nina H. B. Jørgensen
11. A Different Type of Aid
The Funders of Wars as Aiders and Abettors under International Criminal Law Jan Wouters and Hendrik Vandekerckhove
12. Aiding and Abetting and Causation in the Commission of International Crimes – the Cases of Dutch Businessmen Van Anraat and Kouwenhoven Göran Sluiter
Part V. Criminal Accountability and Beyond
Future Directions for Individual and Corporate Responsibility
13. On Criminal Responsibility for Terrorist Financing
An Analysis of the International Convention for the Suppression of the Financing of Terrorism Liu Daqun
14. Seeking Accountability of Corporate Actors Juan P. Calderon-Meza
15. Alternatives to Prosecutions
Accountability through Civil Litigation for Human Rights Violations by Private Military Contractors Katherine Gallagher
Part VI. Discovering and Recovering the Profits of War
Fines, Forfeiture and Reparations
16. Catching Wars' Funders and Profiteers
The Disjointed Web of Corporate Criminal Liability in England and Wales Russell Hopkins
17. Asset Recovery at International (ised) Criminal Tribunals
Fines, Forfeiture, and Orders for Reparations Daley J. Birkett
18. Reparation Mechanisms for Victims of Armed Conflict
Common and Basic Principles Shuichi Furuya
Conclusion
The Relationship Between Economic and Atrocity Crimes – Challenges and Opportunities Stephen J. Rapp.