“Under the terms of the Rome Statute it is clear why so many large corporations and foreign governments are working so hard to limit the reach of the US Alien Tort Statute. Too many corporations and corporate managers could face criminal charges if Shell does not prevail in their arguments before the US Supreme Court to limit the reach of this Statute.”
INFORMATION AND COMMENT SUPPLIED BY A FORMER SHELL EMPLOYEE
The enclosed Wiki link will give your readers a broader view of the concept we now refer to as ‘crimes against humanity’. This term is now well defined within the body of international law. Furthermore, it was not only employed during the IMT trials at Nuremberg after the defeat of Nazi Germany, it was employed in the Tokyo war crimes trials as well. This legal concept has been use to bring Yugoslavia war criminals to trial, as well as those who perpetrated the atrocities in Rwanda.
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, “are particularly odious offenses …”
Historical development – United Nations – UN Security Council responsibility
It is clear that Shell’s collusion with the Nigerian government in the commission of similar crimes against the Nigerian populace leaves Shell and its management vulnerable to being found guilty of such crimes.
Interestingly, it was the London Charter of the International Military Tribunal the established the laws and procedures by which the Nuremberg Trials (International Military Tribunal trials) were conducted. These same laws and procedures were then followed by the US when it conducted its war crimes trials in the US Zone of West Germany from 1946-1949. Similar standards were followed in the Tokyo trials.
Today ‘crimes against humanity’ are well codified into international law through the ‘Rome Statute of the International Criminal Court’. Nigeria is a signatory nation of that treaty, as are The Netherlands and the United Kingdom. The Rome Statute establishes the International Criminal Court which in located in the Hague, The Netherlands. Interestingly, the United States is not a treaty signatory nation.
It is interesting to note that ‘crimes against humanity’ are defined in terms of an established State policy (i.e., governmental policy), or an ‘orgnanizational policy’ (i.e., policy by some organization other than a governmental organization). This means that the atrocities committed in Nigeria could be attributed, in part, to the ‘organizational policy’ of Royal Dutch Shell.
Under the terms of the Rome Statute it is clear why so many large corporations and foreign governments are working so hard to limit the reach of the US Alien Tort Statute. Too many corporations and corporate managers could face criminal charges if Shell does not prevail in their arguments before the US Supreme Court to limit the reach of this Statute. It is entirely possible US Federal Courts could then become vehicles for the implementation of the terms of the Rome Statute, not just the International Criminal Court.
The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that …
History – Ratification status – Review and amendment – See also
Links to related articles
(Looks like Shell’s propaganda organs have decided to take on the role of ‘thought police’ and limit web access to sites that are ‘unfavorable’ to Shell)
Salon-Oct 2, 2012: Faked internal emails alert employees to the oil giant’s record in …
(Shell blocked employees’ access to an activist website providing information about harm wrought by the oil giant’s drilling plans in West Africa.)
allvoices-Oct 3, 2012: SHELL SHOCKS NIGERIAN ACTIVISTS OVER MURDER CASE ...
(… on Wednesday, received with ”rude shock” news of the Anglo-Dutch oil and gas major, Shell, barring their workers from activist websites.)
Forbes-Oct 2, 2012: What Exactly Is A U.S. Corporation?
(Shell’s history in America dates back to the Taft administration, when it began to sell gasoline on the West Coast and purchased oil properties …)
Chicago Tribune-Sept 30, 2012: Insight: Three lawyers ask US Supreme Court: Why here?
(They had spoken out against the government’s violent suppression of environmental activists who opposed Shell’s oil and gas drilling in …)
EnergyRoyd.org.uk: Is Shell Oil TOO BIG TO PUNISH? (source of related image above)
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