Doing Business in Zones of Legal Risk: Patterns of Corporate Involvement in Atrocity Crimes Since World War II
研究了二战后全球36个国家205个案例中企业参与暴行犯罪的模式,识别出六种风险特征,并探讨了企业特征与犯罪风险的关系,对犯罪学理论和监管实践有贡献。
ABSTRACT Involvement of corporations in international crimes and conflict atrocities, such as crimes against humanity, war crimes and genocide, are neither isolated events nor uncommon. Importantly, corporate involvement in atrocity crimes is shaped by conditions in “zones of legal risk” (International Commission of Jurists), where gross human rights violations, atrocity crimes and extreme violence are pervasive. In this context, corporations become complicit in the most serious state crimes. The empirical study of 205 historical and contemporary cases across all global regions in a total of 36 countries explores patterns of involvement starting from the conceptual framework developed by the International Commission of Jurists. We identify six “risk profiles” of involvement defined by industry type, partners in such crimes, and the type of involvement and contribution to the crimes. Our results showcase the relationship between corporate characteristics and risks of involvement in serious violence for different risk profiles across space and time. Starting from a legal conceptual framework, we discuss how these results contribute to criminological theories of corporate crime, as well as to regulation theory and practice.