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6 Manchester J. Int'l Econ. L. 56 (2009)
A Critical Appraisal of the Mechanism for Prosecuting Grand Corruption Offenders under the United Nations Convention against Corruption 2003

handle is hein.journals/mjiel6 and id is 58 raw text is: Manchester Journal of International Economic Law Volume 6. Issue 1: 56-80, 2009 A Critical Appraisal of the Mechanism for Prosecuting Grand Corruption Offenders under the United Nations Convention Against Corruption 2003 Simeon Aisabor Igbinedion* ABSTRACT: This article examines aspects of the United Nations Convention Against Corruption (UNCAC) of 2003 concerned with the prosecution ofplunderers of State treasury. Largely because of their peculiar nature, affected (victim) States find it extremely difficult, if not impossible, to bring offenders to justice. Although a cluster of global anti-corruption instruments - exemplifying collective resolve to tackle the problem - exists, the article argues as ineffective the UNCA C's provisions for prosecuting offenders. In order to more adequately engage the individual responsibility of offenders, the article, therefore, advocates the categorization of the conduct as an international crime. I. INTRODUCTION Almost five years ago, the adoption of the United Nations Convention Against Corruption (UNCAC) of 20031 elicited the hearty cheers of the international community. Because * LL.B, B.L, LL.M, Ph.D: Lecturer, Faculty of Law, University of Lagos. This article is a recast of the paper entitled Anti-Corruption Regime: Towards a Meaningful Redress for Victims of Grand Corruption, which was presented at the Annual Conference of the Society of Legal Scholars (SLS) at Keele University, United Kingdom, in September 2006. I am extremely grateful to Professor Gerald McAlinn, Dr. George Akpan, and Mr. Ebenezer Adodo for their very useful comments and suggestions on an earlier draft. My appreciation equally goes to Professor Indira Carr, Professor Asif Qureshi, and Dr. Gbenga Oduntan. The usual caveat applies. 1 G.A. Res. A/RES/58/4 (adopted on 31 October 2003, opened for signature on 9 December 2003 and entered into force on 14 December 2005). As at April 2008, not less than 95 States have ratified the Convention. 2 For e.g., the former Secretary-General of the UN, Kofi Annan, noted thus: I am therefore very happy that we now have a new instrument to address this scourge at the global level. The adoption of the United Nations Convention against Corruption sends a clear message that the international community is determined to prevent and control corruption. It warns the corrupt that betrayal of the public trust will no longer be tolerated. And it reaffirms the importance of core values, such as honesty, respect for the rule of law, accountability and transparency, in promoting development and making the world a better place for all.

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