Corporate Liability for International Crimes
Julianne Hughes-Jennett, Hogan Lovells
Thursday 25th May, 10.30 am – 12.00 pm, Room SW 108 (Strathclyde Business School, Stenhouse Wing)
This talk by Julianne Hughes-Jennett on behalf of Hogan Lovells will feature their experience as international disputes lawyers acting on behalf of companies accused of aiding and abetting the most heinous crimes known to man. The talk will address Hogan Lovells' experience under the Alien Tort Statute (ATS), including:
(a) The Presbyterian Church of Sudan v Talisman Energy, Inc., Court of Appeal for the 2nd Circuit, 2009, a suit in New York under the ATS against Canadian oil company Talisman alleging accessorial liability in genocide, war crimes and crimes against humanity perpetrated by the Government of Sudan in southern Sudan, and
(b) Kiobel v Royal Dutch Shell Petroleum Co., US Supreme Court, 2012/2013, a suit in New York under the ATS against Shell's UK and Netherlands holding companies for aiding and abetting the Nigerian Government in committing a range of violent acts including: crimes against humanity, torture and arbitrary arrest and detention in Nigeria.
It will consider, after Kiobel, does the law of nations recognise corporate liability for international crimes and do US courts still have extraterritorial jurisdiction under the ATS?
Finally, it will also briefly address domestic criminal liability and civil liability beyond the ATS, including parent company liability, and will address the legal and procedural barriers to bringing international criminal cases (both public and private) in domestic courts.