Journal Title
Indiana International & Comparative Law Review
Volume
29
Issue
2
First Page
219
Document Type
Article
Publication Information
2019
Abstract
Like it or not, Transnational Corporations (TNCs) are taking an increasingly active role in larger societal issues and debates. Whether it's a social advocacy campaign that seeks to reduce violence and bullying, a decision by a pharmacy company to stop selling tobacco products, or a sportswear company's decisions to take a stand in solidarity with an advocate's resistance to police brutality, TNCs are becoming increasingly vocal regarding their role in larger societal issues.
But there is a darker side to the increased intermingling between corporations and the larger societal impact; namely the potential for a corporation to be involved, or sometimes, at the heart of, crimes against humanity. As a result of the increased allegations levied against corporations for these types of violations, having corporations criminally prosecuted is a top priority for many business and human rights' (BHR) advocates who wish to hold TNCs accountable. The argument certainly engenders sympathy: in order for TNCs to reach the level of culpability to justify accountability under international criminal law, some horrendous acts must have occurred. Whether in the area of exploitative labor practices, gross environmental impacts, or even complicity with genocide, victims of these crimes at the hands of TNCs have an understandable desire to want to see justice served.
Recommended Citation
Jena Martin, It's Complicated: The Challenge of Prosecuting TNCs for Criminal Activity under International Law, 29 Ind. Int'l & Comp. L. Rev. 219 (2019).