The Role of Transnational Corporations in the Commission of International Crimes: Challenges of Accountability

Abstract

The article examines the involvement of transnational corporations (TNCs) in international crimes and  the gaps in international law governing their responsibility. In the context of globalization, corporations can  rival or exceed weak States in political and economic power, which increases the risks of human rights abuses, environmental harm and even support for armed conflict. Using cases such as Shell, ExxonMobil and Vedanta, the article shows how TNCs avoid liability through corporate fragmentation, subsidiaries and the absence of clear international mechanisms, including the inability of the International Criminal Court to prosecute legal persons. National precedents, including Wiwa v. Shell and Vedanta v. Lungowe, demonstrate emerging but costly and inconsistent avenues for transnational litigation. A separate section analyses the legal risks of corporate activity in Kazakhstan, where resource wealth and strategic location attract TNCs amid persistent problems of corruption, weak courts and labour and environmental violations. The article argues for the development of stronger international and domestic accountability regimes, guided by UN and OECD standards and recent EU initiatives, and grounded in human rights, environmental sustainability and substantive justice.