Balancing National and International Elements
from Part II - Criminal Justice Mechanisms
Published online by Cambridge University Press: 10 October 2025
Chapter 4 examines the application of modes of liability under international law, to corporate entities, and corporate officials, the latter being useful for jurisdictions, where liability of the entity is ascribed through the conduct of its officials. It covers the main modes, namely direct and indirect perpetration, participation in group crimes, superior responsibility and complicity. The examination of these modes is empirically grounded on a rich historiographical and empirical account, from international, regional and domestic cases. The last section examines domestic approaches in relation to corporate accountability through criminal mechanisms, with a focus on Argentina, a pioneering jurisdiction in this domain, and Colombia, a more recent and pertinent example. Both case studies, albeit confined to individual accountability of businesspersons, are noteworthy for pivoting our understanding of the various challenges encountered and for conversing and being influenced from judicial developments in foreign fora. In addition, the Argentinean example instantiates the blending of national and international standards, whereas the Colombian endeavours, especially with regards to ‘civilian third parties’, shed light on the interconnections between transitional and ordinary justice.
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