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The ICC & Business
The new International Criminal Court, and other international criminal tribunals, may soon become fora in which international human rights standards are enforced in major criminal prosecutions involving business executives. The new Chief Prosecutor, Luis Moreno Ocampo, has raised the possibility that business executives and employees might be investigated for their suspected role in supporting the armies (or private armed gangs) committing atrocities in the eastern Congo. His concern is that individual war criminals might be prosecuted, but that the financial and business infrastructure of the Congolese war would remain in place. This could lead, eventually, to a new round of conflict.
The chief prosecutor of the special UN tribunal for Sierra Leone has expressed concern about the difficulties in prosecuting business interests allegedly profiting from the civil war in that country.
More broadly, companies, NGOs and the UN are concerned about how MNCs manage operations in so-called "conflict zones" and about large-scale corruption in some poor countries. New voluntary codes, often labelled "soft law," are being developed and adopted.