The International Criminal Responsibility of War's Funders and Profiteers

This book is about money, war, atrocities and economic actors, about the connections between them, and about responsibility.

Nina H. B. Jørgensen (Edited by)

9781009257824, Cambridge University Press

Paperback / softback, published 18 August 2022

570 pages
22.9 x 15.2 x 2.9 cm, 0.757 kg

'The focus, at and since Nuremberg, on the criminal accountability of political and military leaders has obscured the law relating to the responsibility of other masters of war, notably those who finance and profit from atrocities through businesses such as banks and arms suppliers. That is why this book is so important, bringing together the latest developments in dealing with and denuding of profit the people and the corporate entities which have commercially exploited armed conflict. It should be read by prosecutors and policy makers and all concerned to bring an end to their impunity for crimes against humanity.' Geoffrey Robertson QC, Author, Crimes Against Humanity

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.

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.

Subject Areas: War crimes [JWXK], Other warfare & defence issues [JWX], Warfare & defence [JW], Society & social sciences [J]