Journal of International Criminal Justice Advance Access published online on August 20, 2007
Journal of International Criminal Justice, doi:10.1093/jicj/mqm047
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Australian Prosecution of Corporations for International Crimes
The Potential of the Commonwealth Criminal Code
* Doctor of Juridical Science Candidate, Faculty of Law, Monash University, Melbourne, Australia. I am grateful to Professor Bernadette McSherry, Professor H.P. Lee, the anonymous referees and the editorial board of JICJ for their insightful comments and suggestions. [ Joanne.Kyriakakis{at}law.monash.edu.au]
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Abstract |
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On 1 July 2002 new provisions for the prosecution of genocide, crimes against humanity and war crimes came into operation within the Australian Commonwealth Criminal Code. The offences were introduced as a part of Australia's ratification of the Rome Statute of the International Criminal Court. Through the enactment of these crimes within the broader context of the Criminal Code, Australia has, perhaps unwittingly, created a basis to prosecute corporations for these crimes even under the universal jurisdiction principle. A current investigation by the Australian Federal Police into the possible role of mining company Anvil Mining Limited in facilitating a military offensive in the town of Kilwa in the Democratic Republic of the Congo indicates that Australia, like many nations today, is grappling locally with the possibility of corporate involvement in international crime. As a potential source of action against companies implicated in international crime, the possible reach of the Australian Criminal Code provisions warrants consideration. This article outlines the application of the new Australian international crimes provisions to corporations and argues that, if used appropriately, these will represent a positive development toward corporate accountability.