The International Criminal Responsibility of War's Funders and Profiteers

Criminal Law

The International Criminal Responsibility of War's Funders and Profiteers

By Nina H.B. Jørgensen
Cambridge University Press August 2022

Specifications

ISBN-13
9781009257824
Publisher
Cambridge University Press
Publication
August 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
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