Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission

Tomas Hamilton; Gabriele Caon

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Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022

Authors:

Tomas Hamilton

Tomas Hamilton
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Gabriele Caon

Gabriele Caon
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Type:: Chapter

Pages:: 41–67

DOI:: https://doi.org/10.1163/9789004687639_004

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Abstract

In the field of international criminal law, it is often claimed that a norm of corporate accountability for international crimes is expanding, yet commercial actors who profit from atrocity do so with impunity. The Myanmar situation exemplifies the potential for greater corporate accountability, highlighted by the findings of the UN Independent Fact-Finding Mission (FFM) on the role of economic actors in alleged Tatmadaw crimes against humanity and other serious human rights violations. These under-acknowledged allegations of serious corporate complicity present an opportunity for the Independent Investigative Mechanism for Myanmar (IIMM) and the International Criminal Court (ICC) to investigate. Doing so would challenge the accountability carve-out for corporate accountability that currently exists in the enforcement practice of international criminal law. If prosecutions for atrocity crimes in Myanmar focus solely on senior military and political figures, this will be a matter of policy rather than legal mandate, disavowing the heritage of international criminal justice after Nuremberg, where industrialists were charged for the complicity of their business activities in international crimes. We analyze the existing allegations of corporate complicity in Myanmar, describe the (expanding?) accountability norm, and evaluate jurisdictional possibilities. We argue that Myanmar presents a testing ground for international criminal justice: rise to the challenge and apply international rules of individual complicity to commercial activity (normative expansion), or maintain the status quo (enforcement carve-out).

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022

Series: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume: 40

E-Book ISBN:: 9789004687639

Publisher:: Brill | Nijhoff

Print Publication Date:: 24 Nov 2023

Subjects
- International Law
  - International Law: General Interest
  - International Law: Regional Perspectives
- International Relations
  - International Relations

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Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022

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