1st Edition

Strategic Litigation and Corporate Complicity in Crimes Under International Law A TWAIL Analysis

By Kalika Mehta Copyright 2024

    This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes.

    The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential.

    This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.

    Part I Foundations 1. From TWAIL to TWAI(C)L 2. Conceptualizing Strategic Litigation 3. Corporate Accountability and International Criminal Law Part II Case Studies 4. CELS and Transitional Justice in Argentina: The Ford Case 5. CCR and Alien Tort Statute: The CACI Case 6. ECCHR and Extraterritorial Prosecutions in Europe: The Lafarge Case Part III Conclusion 7. Terms & Conditions of Corporate Accountability: A Strategic Practice of International Criminal Law


    Kalika Mehta is Postdoctoral Researcher at the Centre for British Studies, Humboldt-Universität zu Berlin, Germany.