“从纽伦堡到卡布加”

IF 2.3 Q3 BUSINESS Business and Human Rights Journal Pub Date : 2023-02-06 DOI:10.1017/bhj.2023.1
Jonathan Kolieb
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引用次数: 0

摘要

2022年9月,对卡布加参与1994年卢旺达种族灭绝罪的国际刑事审判在海牙的一个法庭开始。对Kabuga的审判值得注意,不仅因为它可能是对造成80万图西族人被杀害的种族灭绝计划进行的最后一次国际刑事审判之一,而且因为Kabuga没有被指控直接参与杀戮,而是通过他的各种商业企业为杀戮提供便利对Kabuga的审判是国际刑法历史上一个罕见的时刻,一个商人因参与残暴罪行而被追究责任。要了解国际刑法75年的历史,以及为什么商人因国际犯罪而受到审判是如此罕见,没有比乔安娜·基里阿卡基斯(Joanna Kyriakakis)的《公司、问责制与国际刑法:工业与暴行》更好的书了。“全球经济存在一个问题”,基里阿卡基斯开始说,这就是约翰·鲁吉所指出的“治理缺口”——缺乏对跨国公司的有效监管。解决这个问题是这本书的框架和动力。在此基础上,基里阿卡基斯对越来越多的关于通过强硬的法律机制对严重侵犯人权的企业问责的文献做出了及时而重要的贡献。从纽伦堡到卡布加,这本书提供了一个全面的概述,当ICL被用来试图和追究公司和个人的“暴行罪行”的关键时刻。基里亚卡基斯在每一部分中都穿插了法律评论,并对围绕本书核心问题的关键法理学、社会法和政治辩论进行了批判性分析:“在解决企业错误方面,暴行法应该扮演什么合适的角色?”对国际刑事法院对待公司被告的历史回顾始于二战后时期(见第二章)。德国和日本的公司都被指控积极参与和教唆战争罪行。这一章用了相当大的篇幅来描述纽伦堡审判中企业行为者的待遇——纽伦堡被广泛视为现代ICL的创始时刻。讨论了在初级国际军事法庭上工业家的缺席,以及随后在每个盟国在其每个德国占领区举行的审判中对公司领导人的审判。书中包括了俄罗斯和法国当局如何对待经济行为者,以及日本财阀集团在东京战争罪审判中的待遇(或缺乏待遇),这些都是有用的
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‘From Nuremberg to Kabuga’
In September 2022, the international criminal trial of Félicien Kabuga for participation in the 1994 Rwandan genocide began in a courtroom in The Hague. Kabuga’s trial is noteworthy, not only as it is probably one of the last international criminal trials arising from the genocidal scheme that saw 800,000 Tutsis murdered, but also because Kabuga is not accused of directly participating in the killings but facilitating and enabling them through his various business enterprises.1 Kabuga’s trial is a rare moment in the history of international criminal law that sees a businessman being held accountable for his involvement in atrocity crimes. To understand the 75þ years’ history of international criminal law (ICL) that have led to this point and why having a businessman being tried for international crimes is such a rare occurrence, there is no better book than Joanna Kyriakakis’ Corporations, Accountability and International Criminal Law: Industry and Atrocity. ‘There is a problem with the global economy’, Kyriakakis begins, that of a ‘governance gap’ identified by John Ruggie – the lack of effective regulation of transnational corporations. Addressing that problem serves as the framing and impetus for the book. On this basis, Kyriakakis has produced a timely and important contribution to the increasing literature around corporate accountability through hard-law mechanisms for egregious human rights abuses. From Nuremberg to Kabuga, this book provides a comprehensive overview of the key moments when ICL has been used to try and hold companies, and individuals within them, accountable for ‘atrocity crimes’. Kyriakakis weaves legal commentary into each section as well as critical analysis of the key jurisprudential, sociolegal and political debates that surround the core animating question of the book: ‘what is the appropriate role to be played by atrocity law in addressing corporate wrongs?’ The historical review of ICL’s treatment of corporate defendants begins with the postWorld War II period (in chapter 2). Both German and Japanese companies were accused of actively participating and abetting in war crimes. The chapter devotes considerable space to the treatment of corporate actors at Nuremberg – widely seen as the founding moment of modern-day ICL. The absence of an industrialist in the primary International Military Tribunal is discussed as well as subsequent trials of corporate leaders in the trials held by each of the Allies in each of their German occupation zones. The inclusion of how Russian and French authorities treated economic actors, as well as the treatment (or lack thereof) of the Japanese zaibatsu conglomerates in the Tokyo war crimes trials – are useful
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来源期刊
CiteScore
3.30
自引率
13.60%
发文量
41
期刊介绍: The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.
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