Corporate Complicity in International Crimes: Implications of the Lafarge Jurisprudence for the Arms Industry
Julie Février & Sarra Dajean
Abstract
In the Lafarge decision of 7 September 2021, the French Cour de cassation resolved a long-standing unclarity about the interpretation of French criminal law on complicity in the context of multinational corporations’ involvement in international crimes. The court found that complicity in crimes against humanity can be characterized as soon as a business actor is aware that its actions can facilitate the criminal activities of the main perpetrator, without sharing their specific intent to commit the crime. With this ruling, France’s highest criminal court asserted that the transfer of money from multinational cement company Lafarge to the Islamic State (ISIS) to maintain its industrial activity in northern Syria could trigger its liability for complicity in crimes against humanity. This article summarizes this case from a French and international criminal law perspective, focusing on the charge of complicity in crimes against humanity, and assessing the potential implications of this jurisprudence to the arms industry.
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.50 × 0.4 = 0.20 |
| M · momentum | 0.50 × 0.15 = 0.07 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.