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W ORKSHOP CORPORATE CRIMINAL LIABILITY : NEW DEVEL OPMENTS IN INTERNATIONAL CRIMINAL LA W Extending International Criminal Law beyond the Individual to Corporations and Armed Opposition Groups Andrew Claph am* Abstract This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under internati onal law is impo rtant in situations where national courts have j urisdiction over violations of international law committed by non-stat e actors. Furthermore, it is vital to realizing the potential of claims of corporate complicity in international crimes and the impact such claims may have in the field of ethical investment. 1. Intr oduction Thi s article challen ges a number of tradi tional assumpt ions about inter - national criminal law. It is often assumed that international criminal law is exclusively addressed to crimes committed by individuals. 1 Moreover, one often comes across the assumption that only subjects of international law can enjoy * Professor of Pub lic Internati on al Law , Gra dua te Institute of Inte rna tion al and Dev elopmen t Studies, Geneva; Director, Geneva Academy of International Humanitarian Law and Human Rights; Member, Board of Editors of this Journal. I am very grateful to Fiona Le Diraison for her marvelous research assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jo urnal of Interna tional Criminal Jus tice 6 ( 2008 ) 899 ^926 do i:10 1093 /j ic j / m qn 076 b y g u e s t o J a u a r y 1 7 , 2 0 1 1 j i c j o x f o r d j o u r a l s o r g D o w l o a d e d f r o

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