1. A DIFFERENT TYPE OF AID: THE FUNDERS OF WARS AS AIDERS AND ABETTORS UNDER INTERNATIONAL CRIMINAL LAW Prof. Dr. Jan Wouters & Hendrik Vandekerckhove

2. Overview Overview of international legal requirements
Application to funders of wars
Corporate criminal liability

3. International legal requirements (I)
Actus reus
Substantial contribution
What?
When?
Where?
Difference between aiding, abetting, otherwise assisting and providing the means?

4. International legal requirements (II)
Mens rea
Knowledge in the sense of awareness at least
‘For the purpose of facilitating the commission of such a crimes’?

5. War’s funder as aiders and abettors?
Substantially contributing v. financially contributing
Providing funds
Purchasing commodities
Virtually certain of consequences of assistance?

6. Intermediary conclusion
No issue when it comes to objective threshold
Subjective threshold lowered when financing party to a conflict which is know for committing international crimes

7. Corporate criminal liability
Origins
Scope ratione materiae and expansion thereof
Objectives
Deterrence
Prevent hiding behind corporate veil
Justice and equitability

8. Corporate criminal liability
Domestic corporate criminal liability for international crimes – a waste of precious time or a worthwhile investment?
Fulfillment of objectives?
Domestic courts and tribunals equipped?

9. Conclusion
Individual corporate funders of wars can be aiders and abettors under international criminal law
Although practical difficulties, domestic corporate criminal liability for international crimes is a worthwhile investment as domestic courts and tribunals competent, both legally and theoretically, to contribute to achievement of goals of CCL + no other option to fight impunity at the moment

10. Thank you for your attention!