ESG and international criminal liability

Abstract

This contribution examines under which circumstances—if any—commercial banks or bankers can be held liable under international criminal law for financially contributing to acts of genocide, crimes against humanity, or war crimes committed by states. It is argued that such liability may appear to be a long shot: ICL does not currently recognize corporate criminal liability, corporations do not share the primary perpetrator’s motivations, and money is fungible and never the direct means with which atrocities are committed. these challenges can be overcome, however, and international criminal law has its rightful place as a regulatory tool in the pantheon of environmental, social and corporate governance.