Structural Bias in International Criminal Law: Corporate Complicity and the Accountability Gap

This in-depth analysis explores corporate involvement in atrocity crimes, including genocide, war crimes, and crimes against humanity, while examining regulatory trends from the 1600s to the present day. Corporate complicity in such crimes has a long history, with businesses operating in conflict zones or under oppressive regimes often becoming entangled in human rights violations. Drawing from Annika van Baar’s research, this discussion outlines key legal, historical, and corporate responsibility frameworks that have shaped global responses to corporate participation in mass atrocities. Over the centuries, corporate involvement in crimes against humanity has evolved from state-sanctioned exploitation during colonialism to modern-day corporate partnerships with oppressive regimes. The lack of regulation in the early periods allowed businesses to profit from human rights abuses without consequence. However, with the rise of international law and human rights norms, efforts have been made to hold corporations accountable. From the Nuremberg Trials, which established precedents for prosecuting business leaders for war crimes, to contemporary cases like Lafarge’s involvement in terrorism financing, legal systems have struggled to consistently apply justice to corporate actors. An important aspect of corporate crime regulation is the role of international criminal justice and civil society. While legal accountability remains difficult to enforce, human rights organizations and advocacy groups have played a significant role in pressuring corporations to uphold ethical business practices. The increasing focus on corporate due diligence and human rights compliance has led to the institutionalization of regulatory norms, although challenges persist in ensuring meaningful enforcement. This video provides a structured overview of the historical and legal dimensions of corporate involvement in atrocity crimes. By analyzing key cases—including Shell’s complicity in human rights violations in Nigeria, Blackwater’s role in war crimes in Iraq, and the Lafarge terrorism financing case—this discussion highlights patterns in corporate misconduct and the ongoing efforts to establish accountability. The role of civil society and legal reform is also examined as a crucial factor in shaping the future of corporate responsibility.