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Corporate Social Responsibility?Human Rights in the New Global Economy$
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Charlotte Walker-Said and John D. Kelly

Print publication date: 2015

Print ISBN-13: 9780226244273

Published to Chicago Scholarship Online: January 2016

DOI: 10.7208/chicago/9780226244440.001.0001

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The Impact of the War Crimes Tribunals on Corporate Liability for Atrocity Crimes under US Law

The Impact of the War Crimes Tribunals on Corporate Liability for Atrocity Crimes under US Law

(p.152) Chapter Seven The Impact of the War Crimes Tribunals on Corporate Liability for Atrocity Crimes under US Law
Corporate Social Responsibility?

David Scheffer

University of Chicago Press

Federal courts resort to the jurisprudence of the international war crimes tribunals to interpret and enforce the Alien Tort Statute (ATS) against individuals and corporations. This practice challenges skepticism of foreign sources of law as federal judges invoke tribunal rulings to define atrocity crimes in ATS litigation, understand aiding and abetting principles, and determine corporate liability under the ATS. The long history of the tribunals embracing elements of substantiality and knowledge in their determination of aiding and abetting should prevail over one countervailing tribunal appeals judgment. Although the Supreme Court restrained ATS liability for corporations under the presumption against extraterritoriality, corporate liability remains enforceable, as does aiding and abetting liability shaped by customary international law. The author posits that corporate executives may become more likely targets under the ATS and suggests that the crime of aggression, once activated before the International Criminal Court, may trigger more scrutiny of corporations under the ATS.

Keywords:   Alien Tort Statute, atrocity crimes, corporate liability, International Criminal Court, Rome Statute, supreme court, war crimes, corporations

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