engleski

Prosecuting Serious Economic Crimes as International Crimes: A New Mandate for the ICC?

Serious economic crimes and violations of economic, social and cultural rights have often been neglected in criminal proceedings and reports of truth commissions that have followed in the wake of economic transitions or conflicts. Although such economic crimes often result in a substantial loss of wealth to the overall economy and society of the country in question, they have not been neither widely nor effectively prosecuted. The Balkan region is no exception to this rule. However, as argued in the book, from Nuremberg on, there have been attempts and successful examples of prosecuting war profiteering cases. Even quite recently, the International Criminal Court’s prosecutor called for such a prosecution to be conducted before the ICC. This research explores legal and social preconditions under which serious economic offences may be characterized as crimes under international criminal law. It searches for answers as to why such crimes have been left out of the focus of mainstream international criminal law development since the end of WWII. The study connects international criminal law with discourses of international human rights law, security studies, (supranational) criminology, political sciences, transitional justice and (economic) criminal lawin order to find arguments as to why it is necessary to start prosecuting serious (transitional) economic offences as crimes under international law and why they should find their place in the ICC Statute. The research explains why Art. 7(1)(k) of the ICC Statute is the most plausible means to do so without violating the principle of legality.

serious economic crimes, crimes against humanity, security, transition, International Criminal Court, possible offences

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