Prosecuting Serious Economic Crimes as International Crimes.

Serious economic crimes committed in a period of political and economic transition, have often been neglected in criminal proceedings. The Balkan region is no exception. The study connects international criminal law with discourses of international human rights law, security studies, (supranational) criminology, political sciences, transitional justice and (economic) criminal law in order to find arguments as to why it is necessary to start prosecuting serious economic offences as crimes under international law and why they should find their place in the ICC Statute.

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 widely nor effectively prosecuted. The Balkan region is no exception to this rule. The study connects international criminal law with discourses of international human rights law, security studies, (supranational) criminology, political sciences, transitional justice and (economic) criminal law in 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.

Chapter 1: Introduction Introduction - Research Questions and Methodological Approach - Transitional Justice Mechanisms - Difference between Violations of Economic and Social Rights and Perpetrating Economic Crimes as State-Corporate or Political White-Collar Crimes - The Rechtsgut of Serious International Economic Crimes - Why Pandora's Box Should be Opened - Challenges for the Future - The Content of this Study Chapter 2: Need for a New Lens: Definition of Serious Economic Crimes of International Concern Economic Crimes as Crimes of Globalization and a New World Order that Violate Economic, Social, and Cultural Rights - Definition of Economic and Financial Crimes - Introduction to Crimes of the Powerful - Guiding Narratives for (Transitional) Economic Offences as Core Crimes Chapter 3: Typical Scenarios of Illicit Behaviour of Business Leaders during Armed Conflict and Transition The Nuremberg Trials of Business Actors - Reasoning and Background for Topic Choice - Violations of Economic, Social, and Cultural Rights during Armed Conflict and Applicable Crimes - From van Anraat to Khulumani and Hernadi Chapter 4: Transitional Justice Introductory Remarks - Narratives of Transitional Justice and the Place for Economic Rights Violations - A Way Forward - Truth Commissions and Trials within the Transitional Justice Framework - European Court of Human Rights Chapter 5: New Discourse of Human Security within an International Criminal Justice Agenda Human and International Security - Rechtsgut and Constitutional Commitments Chapter 6: Why and How Pandora's Box Should be Opened: The Importance of Invoking International Criminal Law for Combating Severe (Transitional) Economic Crimes Initial Remarks - Core International Criminal Law and Transnational Criminal Law - Discourse of International Criminal Law and Globalization Processes - Voices of the Opposition - Why Would the ICC be Effective in Prosecuting Serious (Transitional) Economic Crimes? - Alien Tort Statute - Legal Challenges and Things to Consider - A Way Forward Chapter 7: Conclusion: Expanding the Ratione Materiae Jurisdiction of the International Criminal Court: Which Offence(s) and where to Start? Epilogue Bibliography, Chapter 1: Introduction

Introduction – Research Questions and Methodological Approach – Transitional Justice Mechanisms – Difference between Violations of Economic and Social Rights and Perpetrating Economic Crimes as State-Corporate or Political White-Collar Crimes – The »Rechtsgut« of Serious International Economic Crimes – Why Pandora's Box Should be Opened – Challenges for the Future – The Content of this Study

Chapter 2: Need for a New Lens: Definition of Serious Economic Crimes of International Concern

Economic Crimes as Crimes of Globalization and a New World Order that Violate Economic, Social, and Cultural Rights – Definition of Economic and Financial Crimes – Introduction to Crimes of the Powerful – Guiding Narratives for (Transitional) Economic Offences as Core Crimes

Chapter 3: Typical Scenarios of Illicit Behaviour of Business Leaders during Armed Conflict and Transition

The Nuremberg Trials of Business Actors – Reasoning and Background for Topic Choice – Violations of Economic, Social, and Cultural Rights during Armed Conflict and Applicable Crimes – From van Anraat to Khulumani and Hernadi

Chapter 4: Transitional Justice

Introductory Remarks – Narratives of Transitional Justice and the Place for Economic Rights Violations – A Way Forward – Truth Commissions and Trials within the Transitional Justice Framework – European Court of Human Rights

Chapter 5: New Discourse of Human Security within an International Criminal Justice Agenda

Human and International Security – Rechtsgut and Constitutional Commitments

Chapter 6: Why and How Pandora's Box Should be Opened: The Importance of Invoking International Criminal Law for Combating Severe (Transitional) Economic Crimes

Initial Remarks – Core International Criminal Law and Transnational Criminal Law – Discourse of International Criminal Law and Globalization Processes – Voices of the Opposition – Why Would the ICC be Effective in Prosecuting Serious (Transitional) Economic Crimes? – Alien Tort Statute – Legal Challenges and Things to Consider – A Way Forward

Chapter 7: Conclusion: Expanding the Ratione Materiae Jurisdiction of the International Criminal Court: Which Offence(s) and where to Start?

Epilogue

Bibliography

“Suncana Roksandic Vidlicka was a doctorate candidate of the Criminology Department at Max Planck Institute of Foreign and International Criminal Law, writing her dissertation as Cotutelle de these between the University of Zagreb’s Faculty of Law and Freiburg University’s Faculty of Law. She teaches at the Zagreb Faculty of Law and is a member of the Max Planck Partner Group for Balkan Criminology. She is the Head of the Croatian Unit for the International Network of the UNESCO Chair in Bioethics and a member of the UNODC Anti-Corruption Academic Initiative. In 2017 she was a (co-)rapporteur for AIDP. She is the head of the Jean Monnet Project Advanced Seminar in EU Criminal Law and Policy. In 2011 she received the Annual Award for the best young scientist in social sciences by the Society of University Professors and other Scientists of the University of Zagreb. She has published in English, Croatian and German on issues which concern breaching and strengthening international human rights, primarily economic and social ones, by mechanisms of national and international criminal law. Contributor Biography – German Suncana Roksandic Vidlicka was a doctorate candidate of the Criminology Department at Max Planck Institute of Foreign and International Criminal Law, writing her dissertation as Cotutelle de these between the University of Zagreb’s Faculty of Law and Freiburg University’s Faculty of Law. She teaches at the Zagreb Faculty of Law and is a member of the Max Planck Partner Group for Balkan Criminology. She is the Head of the Croatian Unit for the International Network of the UNESCO Chair in Bioethics and a member of the UNODC Anti-Corruption Academic Initiative. In 2017 she was a (co-)rapporteur for AIDP. She is the head of the Jean Monnet Project Advanced Seminar in EU Criminal Law and Policy. In 2011 she received the Annual Award for the best young scientist in social sciences by the Society of University Professors and other Scientists of the University of Zagreb. She has published in English, Croatian and German on issues which concern breaching and strengthening international human rights, primarily economic and social ones, by mechanisms of national and international criminal law.”

• By (author) Sunčana Roksandić Vidlička