Exploring corporate complicity in genocide: an African perspective

Abstract

This mini-thesis explores the evolving relationship between globalisation and Africa’s growing economic integration with the international community, especially through the involvement of multinational corporations. While these organisations have promoted economic development and broadened cross-border relations, they are also subject to criticism for their role in human rights abuses and genocidal activities, a concern that is particularly significant considering Africa's historical background of colonisation. This study adopts a doctrinal approach to examine the inadequacy of current international legal frameworks in holding corporations accountable for such egregious violations. By analysing the Genocide Convention and the Rome Statute of the International Criminal Court, this research highlights the international legal framework’s emphasis on individuals and states, revealing a significant gap in corporate accountability. Through case studies from Rwanda, Sudan, and the Democratic Republic of the Congo, the role of multinational corporations in sustaining economic and political violence is highlighted. Despite evidence of their support for oppressive regimes, accountability for multinational corporations remains limited due to weak regulatory frameworks. The study also explores emerging regional initiatives, such as the 2014 Protocol on the Amendment to the Protocol on the Proposed African Court of Justice and Human Rights (Malabo Protocol), which aims to address corporate responsibility, while highlighting the challenges of the slow ratification process among African states. To combat impunity, the research recommends developing legal policies that align domestic and international law, include transnational litigation strategies, and ensure strong civil society participation. Ultimately, this thesis calls for urgent reforms in international and regional legal frameworks and advocates for stronger collaboration within African legal systems. It argues that these measures can transform Africa from a region of corporate impunity into one of corporate accountability, thereby securing justice for victims of human rights violations and safeguarding human dignity for the future.