Advertisement

The Recognition of Legal Persons in International Human Rights Instruments: Protection Against and Through Criminal Justice?

  • Piet Hein van KempenEmail author
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 9)

Abstract

Private non-natural persons (such as companies) and even public legal entities (such as municipalities) are increasingly being recognized as subjects of criminal liability. Therefore, this contribution deals with three issues. First, can legal entities find protection under international fundamental human rights treaties (ICCPR, ECHR, ACHR, AfChHPR) when criminal law and criminal procedure are applied against them? Second, is it possible for individual stakeholders in these entities to invoke human rights protection, when the violation is in fact directed against the organization in which they have an interest? Yet, human rights are not just relevant as protections for legal persons: there is a growing awareness that they are responsible for human rights violations. So, third: do international human rights obligations require states to provide for the possibility that juristic entities may be held criminally responsible for such violations?

Keywords

Legal Person Natural Person Legal Entity Criminal Liability Fair Trial 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Amao, O.O. (2008), ‘The African Regional Human Rights System and Multinational Corporations: Strengthening Host State Responsibility for the Control of Multinational Corporations’, International Journal of Human Rights 12, 761.CrossRefGoogle Scholar
  2. Emberland, M. (2004), ‘The Corporate Veil in the Jurisprudence of the Human Rights Committee and the Inter-American Court and Commission of Human Rights’, Human Rights Law Review 4, 257.Google Scholar
  3. Emberland, M. (2006), The Human Rights of Companies. Exploring the Structure of ECHR Protection, Oxford.Google Scholar
  4. Engle, E. (2003), ‘Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?’, St. John’s Journal of Legal Commentary 20, 288.Google Scholar
  5. Evans, M. and R. Murray (2008), The African Charter on Human and Peoples’ Rights, Cambridge.Google Scholar
  6. Kinley, D. and R. Chambers (2006), ‘The UN Human Rights Norms for Corporations: The Private Implications of Public International Law’, Human Rights Law Review 6, 447.CrossRefGoogle Scholar
  7. Lex Mundi Business Crimes and Compliance Practice Group (2008), ‘Business Crimes and Compliance Criminal Liability of Companies Survey’, <www.lexmundi.com>.
  8. Lindblom, A. (2005), Non-governmental Organisations in International Law, Cambridge.Google Scholar
  9. Pieth, M. (2007), ‘Article 2 – The Responsibility of Legal Persons’, in: M. Pieth, L.A. Low, and P.J. Cullen (eds.), The OECD Convention On Bribery: A Commentary, Cambridge, 173.CrossRefGoogle Scholar
  10. Ratner, S. (2002), ‘Corporations and Human Rights: A Theory of Legal Responsibility’, Yale Law Journal 111, 443.CrossRefGoogle Scholar
  11. Slye, R.C. (2008), ‘Corporations, Veils, and International Criminal Liability’, Brooklyn Journal of International Law 33, 955.Google Scholar

Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.Faculty of LawRadboud University NijmegenNijmegenThe Netherlands

Personalised recommendations