Rights & Democracy (Canada) has made clear that this is a distinct possibility. Kathleen Mahoney, a law professor at the University of Calgary and Chair of Rights & Democracy (Canada), declared in an April 30, 2002 release by the organization that “under the Rome Statute of the International Criminal Court, it is clear that officers and employees of private companies who facilitate, aid or abet a crime covered by the Court are criminally liable.” The release notes that this is precisely what Talisman has been accused of doing in Sudan, citing the findings of the UN Special Rapporteurs for Sudan and human rights organizations. Moreover, “Canada is one of the 66 states to have ratified the Rome Statute, and has also incorporated the Statute into Canadian law, which means that suspects of crimes covered by the ICC could also be tried in Canadian courts.”
Eric Reeves [May 10, 2002]
Smith College
Northampton, MA 01063
413-585-3326
ereeves@smith.edu
The recent release by Rights & Democracy (Canada) makes clear that many are watching closely the activities of Talisman Energy in Sudan. Further, Talisman has been put on clear notice that their ongoing complicity in the campaign of scorched-earth warfare against indigenous populations of southern Sudan makes them subject to prosecution for crimes specified by the newly created International Criminal Court, which will enter into force on July 1, 2002.
Given the overwhelming evidence of Talisman’s criminal behavior under the Rome Statute of the International Criminal Court, it is a virtual certainty that they will be prosecuted. Because the ICC is such a new institution, it is difficult to know precisely how the procedures will work; but Talisman’s discovery experience is likely to be exceedingly expensive and time-consuming. It will also continue to generate the worst sort of publicity for the company. In the end, the proceedings could very well result in criminal convictions. Certainly the threat of legal action is nothing that can be taken lightly. As Professor Mahoney declares in the Rights & Democracy release:
“Human rights is not about public relations, it is about international law. Our primary concern now is enforcement of those rights. We serve notice today that the human rights community has the will and the legal knowledge to see the prosecution of those complicit in gross human rights abuses in Sudan.”
It should be borne in mind that Talisman has already been forced to retain very expensive legal counsel in New York City in response to the class action lawsuit filed on behalf of southern Sudanese from the areas of Talisman’s oil concessions. This suit continues to progress impressively in US Federal District Court (Southern District of New York). Moreover, Talisman has also felt obliged to hire the high-powered Washington-based law firm Foley, Hoag & Eliot—still more very expensive lawyerly hours.
Talisman will continue to face relentless legal assault so long as they are in Sudan, so long as they are complicit in the oil-driven destruction of innocent civilians. And even upon exiting Sudan, they will still face the massive US federal class action lawsuit that could end up costing the company hundreds of millions of dollars.
Some re-calibration of the “Sudan discount” in Talisman share price may soon be in order.
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“Talisman Oil Advised, Further Abuses Could Result in Prosecution”
Source: Rights & Democracy (Canada)
http://www.corpwatch.org/bulletins/PBD.jsp?articleid=2478
Calgary (April 30, 2002) — Rights & Democracy advised oil corporation Talisman today that future complicity in Sudanese human rights abuses could be liable for prosecution by the impending International Criminal
Court.
According to reports by the United Nations and human rights organizations, oil production in Southern Sudan is exacerbating the conflict in that region by financing military activities which have failed to respect the most basic humanitarian norms. Air force bombings of areas inhabited by civilians have resulted in massive forced displacement, the government army has blocked the delivery of relief food and medical aid to civilians and soldiers and militias have regularly executed, raped and tortured non-combatants.
“Under the Rome Statute of the International Criminal Court, it is clear that officers and employees of private companies who facilitate, aid or abet a crime covered by the Court are criminally liable,” said Rights & Democracy’s Chair, Kathleen Mahoney, a law professor at the University of Calgary at a news conference on the eve of Talisman’s shareholders’ meeting. “This is precisely what Talisman has been accused of doing.”
The Statute of International Criminal Court will enter into force on July 1, 2002, and war crimes, crimes against humanity and genocide committed by state agents or nationals of states that have ratified from that date forward will be liable for prosecution, irrespective of where the crime is committed. Canada is one of the 66 states to have ratified the Rome Statute, and has also incorporated the Statute into Canadian law, which means that suspects of crimes covered by the ICC could also be tried in Canadian courts. Rights & Democracy is confident that the Court will not balk at bringing to justice accomplices in human rights crimes, although it will be several years before there is a significant jurisprudence on the criminal liability of individuals working in corporations.
In response to Talisman’s timid efforts to address the issue of social responsibility, Kathleen Mahoney reminded the transnational that it could be held accountable for complicity in human rights abuses.
“Human rights is not about public relations, it is about international law,” Ms. Mahoney said. “Our primary concern now is enforcement of those rights. We serve notice today that the human rights community has the
will and the legal knowledge to see the prosecution of those complicit in gross human rights abuses in Sudan.”