Corruption as an International Crime and Crime against Humanity

摘要

Transnational corruption has in recent years been elevated to an international offence but in practical terms it is not considered serious enough in order for heads of state or cabinet members to be prosecuted in foreign jurisdictions. There is evidence to suggest that, in certain cases, corruption may take the form of a crime against humanity. This possibility extends significantly the jurisdictional ambit of national courts and empowers the International Criminal Court to consider a case. Moreover, the restorative component of such criminal prosecutions should aim at restoring, through civil mechanisms, the funds illegally appropriated to their rightful recipients, the defrauded local populations, under the principle of self-determination.