MJIEL Vol 6 Issue 1 2009 - Article 2

Abstract: This article examines aspects of the United Nations Convention Against Corruption (UNCAC) of 2003 concerned with the prosecution of plunderers of State treasury. Largely because of their peculiar nature, affected (victim) States find it extremely difficult, if not impossible, to bring offenders to justice. Although a cluster of global anti-corruption instruments – exemplifying collective resolve to tackle the problem – exists, the article argues as ineffective the UNCAC’s provisions for prosecuting offenders. In order to more adequately engage the individual responsibility of offenders, the article, therefore, advocates the categorization of the conduct as an international crime.

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