11-03-2011, 05:24 AM
I think what is being discussed is whether such action should lie in the criminal courts. There is, as matters stand ample opportunity to sue in the civil courts, for compensation, for example personal injuries.
I understand, but worry about the citing of IG Farben. There is an old adage about hard cases making bad law. I don't blame Ken Saro-Wiwa's family for indulging in compensation tourism -- there seems to be no obvious reason why an Anglo-Dutch company should be sued concerning events which took place in Nigeria. For lawyers, it is a dream: the ability to sue more and bigger. But who should go to jail? Non-executive directors? CEOs, on the basis they should be across everything that happens even in firms which are to all intents and purposes, bigger than medium-sized countries? The entire board?
No. I think that if a man or woman takes it upon themselves to do some awful deed, or make sure that it happens, then those people should suffer. But perhaps I have misunderstood.
It would have been more helpful if the organisations were not both foreign, and one without much sympathy in the US. If the SC makes a decision based on this, later on, it will be American organisations which will in short order find themselves under fire.
There is a certain irony in quoting the Nazi case, when the War Crimes Tribunal, applying hastily worked out principles to deal with the nazis, had not seen fit to sue the company at the time. It is plain what their view was.
I understand, but worry about the citing of IG Farben. There is an old adage about hard cases making bad law. I don't blame Ken Saro-Wiwa's family for indulging in compensation tourism -- there seems to be no obvious reason why an Anglo-Dutch company should be sued concerning events which took place in Nigeria. For lawyers, it is a dream: the ability to sue more and bigger. But who should go to jail? Non-executive directors? CEOs, on the basis they should be across everything that happens even in firms which are to all intents and purposes, bigger than medium-sized countries? The entire board?
No. I think that if a man or woman takes it upon themselves to do some awful deed, or make sure that it happens, then those people should suffer. But perhaps I have misunderstood.
It would have been more helpful if the organisations were not both foreign, and one without much sympathy in the US. If the SC makes a decision based on this, later on, it will be American organisations which will in short order find themselves under fire.
There is a certain irony in quoting the Nazi case, when the War Crimes Tribunal, applying hastily worked out principles to deal with the nazis, had not seen fit to sue the company at the time. It is plain what their view was.