April 12th, 2019 |
by Egbert Wesselink
The Hague, 23 May 2019: The Asser Institute discusses the Lundin case
Towards criminal liability of corporations for human rights violations: The Lundin case in Sweden
The Lundin may become a landmark case because of the novelty and complexity of the legal issues that the Swedish court will decide. In particular, with regard to the assessment of the individual criminal liability of the executives of Lundin, the determination of the applicable standards of proof, the question whether a lack of due diligence is sufficient for a finding of guilt, and the limits and overlap of individual criminal liability of corporate directors on the one hand and corporate criminal liability of organisations on the other. The Asser Institute intends to follow the trial closely, starting with the event “Towards Criminal Liability of Corporations for Human Rights Violations: The Lundin Case in Sweden” on 23 May May 2019, when it hosted three subject experts to introduce the case itself, and to delve into the legal dimensions that are expected to make it a ground breaking war crimes trial.
The youtube recording of the event can be accessed here. For the first six minutes the sound quality is poor, afterwards it is fine. The three speakers are:
- Egbert Wesselink (minutes 6-41), providing an introduction to Sudan’s oil war, describing Lundin’s role in it, and examining the human rights responsibilities of the company and its shareholders.
- Miriam Ingeson (minutes 45-105), with a Swedish perspective to the legal framework of the case and the legal issues that it raises at the intersection between national and international law.
- Dr. Mark Taylor (minutes 105-127), discussing how the Lundin case sits in global developments regarding the criminal liability of corporations for human rights abuses in the context of conflicts.
Moderator is Antoine Duval, Senior Researcher at the Asser Institute and the coördinator of the Doing Business Right project.