Reconceptualizing Corruption as an International Crime: A Review of International Law
The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010)...
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Format: | Article |
Language: | English |
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Faculty of Law, Universitas Lampung
2024-10-01
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Series: | Lampung Journal of International Law |
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Online Access: | https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3363 |
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author | Satria Unggul Wicaksana Prakasa |
author_facet | Satria Unggul Wicaksana Prakasa |
author_sort | Satria Unggul Wicaksana Prakasa |
collection | DOAJ |
description | The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction. |
format | Article |
id | doaj-art-7a62e952dcc94c91a70380cf4d75a008 |
institution | Kabale University |
issn | 2656-6532 2723-2603 |
language | English |
publishDate | 2024-10-01 |
publisher | Faculty of Law, Universitas Lampung |
record_format | Article |
series | Lampung Journal of International Law |
spelling | doaj-art-7a62e952dcc94c91a70380cf4d75a0082025-02-04T02:28:31ZengFaculty of Law, Universitas LampungLampung Journal of International Law2656-65322723-26032024-10-0162556810.25041/lajil.v6i2.33632093Reconceptualizing Corruption as an International Crime: A Review of International LawSatria Unggul Wicaksana Prakasa0https://orcid.org/0000-0002-5293-1734Universitas Muhammadiyah SurabayaThe discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction.https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3363corruptioninternational crimesjurisdictionuncacicc |
spellingShingle | Satria Unggul Wicaksana Prakasa Reconceptualizing Corruption as an International Crime: A Review of International Law Lampung Journal of International Law corruption international crimes jurisdiction uncac icc |
title | Reconceptualizing Corruption as an International Crime: A Review of International Law |
title_full | Reconceptualizing Corruption as an International Crime: A Review of International Law |
title_fullStr | Reconceptualizing Corruption as an International Crime: A Review of International Law |
title_full_unstemmed | Reconceptualizing Corruption as an International Crime: A Review of International Law |
title_short | Reconceptualizing Corruption as an International Crime: A Review of International Law |
title_sort | reconceptualizing corruption as an international crime a review of international law |
topic | corruption international crimes jurisdiction uncac icc |
url | https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3363 |
work_keys_str_mv | AT satriaunggulwicaksanaprakasa reconceptualizingcorruptionasaninternationalcrimeareviewofinternationallaw |