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The Mens Rea Standard for Corporate Aiding and Abetting Liability - conclusions from international criminal law

Michalowski, S (2014) 'The Mens Rea Standard for Corporate Aiding and Abetting Liability - conclusions from international criminal law.' UCLA Journal of International Law and Foreign Affairs, 18 (2). ISSN 1089-2605

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Abstract

Corporate activities are, in general, driven by business interests. Sometimes, corporate actors might knowingly accept that their activities will almost certainly contribute to gross human rights violations that are being carried out, particularly when working in countries with poor human rights records or those in the midst of an armed conflict; however, corporations rarely act with the aim or wish to facilitate them. As a consequence, if corporate responsibility for complicity in gross human rights violations required that the corporation acted with the primary purpose of facilitating violations, they would hardly ever be subject to such liability. 1 A mens rea standard of secondary purpose or knowledge, on the other hand, widens the scenarios in which corporations might face complicity charges. 2 The mens rea test to be applied is thus an important, if not in many cases the determinative, factor for defining the scope of corporate complicity liability.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Clare Chatfield
Date Deposited: 01 Dec 2014 17:22
Last Modified: 17 Aug 2017 17:43
URI: http://repository.essex.ac.uk/id/eprint/11777

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