INDIVIDUAL LIABILITY FOR BUSINESS INVOLVEMENT IN INTERNATIONAL CRIMES. THE CRUCIAL ISSUE OF (SO-CALLED) ‘NEUTRAL ACTS’

The intertwining between individual and collective level in international crimes is tested on the possible co-responsibility of corporations and heads of businesses who carry out economic activities in various ways functional to the commission of such crimes by the military or political leaders of a group or a state. On the basis of the principle of self-responsibility, related to the individual criminal responsibility (art. 25 Rome Statute), the consequent assessment of the facts in question is easier for business activities directly instrumental to violent acts. It is more problematic, in- stead, for ordinary business activities, which therefore appear neutral and unrelated to the illicit conduct of others. In this case the problematic di- stinction between licit and illicit business activities cannot only be entrusted to the mental element of the crime. In fact, the level of risk created by the particular activity cannot be neglected, also on respect of the specific rules concerning it.