The International Criminal Responsibility of War's Funders and Profiteers

Nina H. B. Jørgensen (University of Southampton)

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English

Cambridge University Press
18 August 2022

War crimes; International criminal law

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.

Edited by: Nina H. B. Jørgensen (University of Southampton)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 29mm
Weight: 757g
ISBN: 9781009257824
ISBN 10: 100925782X
Pages: 570
Publication Date: 18 August 2022
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

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.

Nina H. B. Jørgensen is Professor of Public International Law and Deputy Head of School (Research) in the School of Law at the University of Southampton. She was previously Professor of Law at the Chinese University of Hong Kong. From 2001 to 2010, she worked in various capacities at the Special Court for Sierra Leone in Freetown (including as Senior Appeals Counsel and Senior Legal Adviser for the Office of the Prosecutor), the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh (Senior Judicial Coordinator for the Pre-Trial Chamber), and the International Criminal Tribunals for the Former Yugoslavia and Rwanda. She has a D.Phil. from the University of Oxford and was called to the Bar of England and Wales (Gray's Inn) in 1999. She is the author of The Responsibility of States for International Crimes (2000) and The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia (2018).

Reviews for The International Criminal Responsibility of War's Funders and Profiteers

'As the essays in this book demonstrate, huge financial profits are made by many leaders responsible for waging war and the commission of atrocity crimes. They are essential reading for everyone interested in understanding the extortion and theft that has almost invariably accompanied the commission of massive criminality.' Justice Richard Goldstone, former Chief Prosecutor of the ICTY and ICTR 'One inescapable truth about the evil that propels governments, non-state actors, and individuals to wage war and commit atrocity crimes is money. There is profit to be made by the funders of these continuing horrors on our planet. Professor Nina Jørgensen has gathered a distinguished group of scholars and practitioners who, in 19 revealing chapters, have crafted a pathbreaking book probing the theory and reality of how money flows towards such evil objectives and the pursuit of justice to shut it down, and help the victims, on both global and national stages.' Ambassador David Scheffer, Mayer Brown/Robert A. Helman Professor of Law, Northwestern University School of Law, and US Ambassador at Large for War Crimes Issues (1997-2001) '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