Ignorantia facti excusat?

Abstract

This chapter explores the possibilities for interaction between corporate social responsibility and the standards set by international criminal law for holding corporations or their representatives accountable for their wrongdoings, focusing on the illegal exploitation and trafficking of natural resources by armed groups. There have been developments in the field of international criminal law that bear great promise for holding corporations accountable for their involvement in these practices, such as the publication of a policy paper by the ICC Prosecutor on case selection and prioritization, in which the prosecutor clearly stated her determination “to give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia … the illegal exploitation of natural resources”. This statement has raised expectations in the NGO community that the ICC will be more inclined in the future to address corporate involvement in international crimes. Such developments attest to a determination to place acts of illegal exploitation of natural resources under closer scrutiny. Nevertheless, to what extent would this be viable in practice? So far, contemporary international criminal tribunals have shied away from prosecuting acts of illicit exploitation of natural resources in conflict zones. Also, there are a number of additional hurdles, such as the problem of establishing knowledge and intent on the part of the corporation or its representatives. This chapter analyzes whether and to what extent contemporary standards developed within the framework of corporate social responsibility would assist in overcoming such obstacles; it argues that an obligation for corporations to conduct due diligence in relation to their suppliers might, under certain conditions, have relevance for international criminal law.