Define “Aiding and Abetting”

Opinio iuris, a blog I have already recommended, has just published some comments on a brief amicus curiae addressing the controversy over the ATS and aiding and abetting standards to impose liability on corporations. For one of the editors (Julian Ku, co-author of the brief), the essential argument against the idea that the ATS covers complicity of companies is the Rome Statute of the ICC, which is, “on the whole, the better and more authoritative evidence of State practice”. For another (Kevin Jon Heller), “the brief simply ignores Article 10 of the Rome Statute’s insistence that “[n]othing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute”.

A discussion about International Law sources and liability of corporations should interest everyone, beyond the U.S. Any comments from members of our group?

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