General Felix Raj is currently being prosecuted by the International Criminal Court (ICC) for various crimes against humanity committed in the Republic of A. General Raj has argued that he has merely been an agent of Armor Inc. in committing these crimes, as he had to do so in implementing various “development projects” financed by the company. Currently, the Rome Statute of the ICC does not extend to corporations or artificial persons. The Republic of A does not recognize corporate criminal responsibility in its national law and opposes it in all discussions at various international fora.

While there might be a case for prosecuting General Raj under the ICC without having to prove Armor’s liability, the chief prosecutor wonders if the company could be sued in any other forum, as the crimes violate jus cogens norms. What should the chief prosecutor do? Discuss.

State Responsibility for Transboundary Pollution