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20 Chi. J. Int'l L. 450 (2019-2020)
In Defense of the Special Tribunal for Lebanon and the Case for International Corporate Accountability

handle is hein.journals/cjil20 and id is 458 raw text is: 












In Defense of the Special Tribunal for Lebanon and the
       Case for International Corporate Accountability
                                    Osama Alkhawaja *


                                    Abstract

      In 2014,  the Special Tribunal for Lebanon (STL') examined  evolving international
standards of corporate accountabiliy and held that legal entities can be found liable for criminal
conduct as a generalpiniple of international law. Prior to this decision, and in stark contrast
to trends in domestic legal regimes, no legal entiy had ever been prosecuted, convicted, or sentenced
in an  international court. Although this marked a watershed moment  in global corporate
accountability mechanisms, it has had little precedential effect; scholars have argued it is because
the decision lacked a valid legal basis and is imited in scope. This Comment addresses these
criticisms by examining the legal and historical record informing the deision and corporate
accountability in general. Furthermore, it confirms the holding that corporate accountabiliy is a
general principle of international law and explores the use of this judgment as the basis or
international corp orate accountability.



                             Table of Contents

I. Introduction.........................................                    ......452
II. Corporate  Accountability  Prior to the STL.......................454
   A. General  Principles  of Law.....................               ............455
   B. In Conventions   and  Treaties................................456
   C. In Customary   Law   .......................               ................457
   D.  In Judicial Decisions.....................................458
III. The Special Tribunal  for Lebanon        .............................465

    University of Chicago Law School,J.D. 2020. I would like to thank Professors Jonathan Graubart,
    Nino Guruli, and Aziz Huq for their insightful commentary. I would also like to thank the staff of
    the Chicago Journal of International Law and the Salzburg Global Seminar for allowing me to
    present and workshop the ideas in this Comment at their annual symposiums. Lastly, I am indebted
    to Professor Caroline Kaeb and Carsten Stahn for their substantial research on this subject. All
    mistakes are my own.


450

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