Read more
Does judicial accountability have a valid place in ending corruption and augmenting rebuilding of the shattered state? Dave Benjamin offers a thoughtful polemic intended to provoke discussion about how to bring justice to peoples who are disenfranchised by kleptocracy, and who seek justice that would hold those who have plundered their countries judicially and criminally responsible for their actions.
List of contents
1. Scope of the Problem: Overview 2. Definitions: from Corruption to Kleptocracy 3. Kleptocracy, State Collapse, and State Failure: DR Congo, Haiti, Liberia, Somalia 4. International Criminal Law and Transitional Justice: Protecting the Vulnerable 5. Corruption and National Laws: From the US Foreign Corrupt Practices Act (1977) to the Swiss Return of Illicit Assets Act (2010) and the UK Bribery Act (2010 6. Prosecuting Kleptocrats: a Permanent Court? 7. Conclusions
About the author
Dave Benjamin is Associate Professor of Global Development at the University of Bridgeport, USA.
Summary
The international community is at a critical juncture. Although efforts are being made by intergovernmental and international non-governmental organizations to prevent and stop corruption, its effects have been felt in many post-colonial states where the ability of the state to meet the needs of the citizenry has been severely compromised or crushed.
Does judicial accountability have a valid place in ending corruption and augmenting rebuilding of the shattered state? Dave Benjamin offers a thoughtful polemic on the application of norms of international criminal law to the prosecution and prevention of kleptocracy. Intended to provoke discussion about how to bring justice to peoples who are disenfranchised by kleptocracy, Benjamin examines events in Democratic Republic of Congo, Haiti, Liberia, and Somalia and posits that kleptocracy needs to be classified and prosecuted as an international crime to punish kleptocrats and their associates; secure the return of resources and assets to the states and peoples from which they were stolen; and act as a deterrent to future kleptocrats.
Entering an entirely new area of inquiry and discussion, this rigorous and highly original analysis of corruption is a must read for all those interested in international criminal law, development studies, and international human rights.
