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ESG and international criminal liability

In: Research Handbook on Environmental, Social and Corporate Governance

Author

Listed:
  • Cedric Ryngaert
  • Martine Jaarsma

Abstract

This contribution examines under which circumstances—if any—commercial banks or bankers can be held liable under international criminal law for financially contributing to acts of genocide, crimes against humanity, or war crimes committed by states. It is argued that such liability may appear to be a long shot: ICL does not currently recognize corporate criminal liability, corporations do not share the primary perpetrator’s motivations, and money is fungible and never the direct means with which atrocities are committed. these challenges can be overcome, however, and international criminal law has its rightful place as a regulatory tool in the pantheon of environmental, social and corporate governance.

Suggested Citation

  • Cedric Ryngaert & Martine Jaarsma, 2024. "ESG and international criminal liability," Chapters, in: Thilo Kuntz (ed.), Research Handbook on Environmental, Social and Corporate Governance, chapter 16, pages 359-376, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21010_16
    as

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    File URL: https://www.elgaronline.com/doi/10.4337/9781802202533.00028
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