Ndiva Kofele-Kale. The International Law of Responsibility for Economic Crimes. Holding State Officials Individually Liable for Acts of Fraudulent Enrichment. (Second Edition). Ashgate Publishing. Sept. 2006. 424 pages. $154.95
Ashgate publishers have just released the second edition of Professor Ndiva Kofele-Kale’s groundbreaking 1995 publication, The International Law of Responsibility for Economic Crimes. Like the first edition, the second focuses on “the problem of indigenous spoliation in developing countries,” and “explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians."
However, the new edition has been substantially revised to take into account recent national and international developments in dealing with the illicit enrichment by high ranking government officials. For example, the new edition reviews international legislation which was not in place in 1995 such as the 2003 Council of Europe Civil Law Convention on Corruption, the African Convention on Preventing and Combating Corruption of September 2002, and the 2004 United Nations Convention against Corruption.
It also focuses on national efforts in tackling the problem such as Nigeria’s attempt to recover the funds looted by former Nigerian President General Sani Abacha and his family.
Here is an excerpt from the preface of the book:
Preface
The problem of ‘Grand’ Corruption (I prefer the term ‘indigenous spoliation’ or ‘patrimonicide’ because both capture the exceptional gravity and magnitude of the plunder of national resources that takes place), the misuse of public power by highranking state officials for private gain, has finally been ‘outed.’ The veil that once shrouded this subject from public view, particularly the probing view of multilateral institutions and national legislatures, is now lifted. It has taken over ten years to get here. When the first edition of this work was published in 1995 there was only a solitary multilateral convention against corruption by public officials or private individuals. Now we can count at least seven, with several still in the draft stage. This is clearly progress but the journey is far from over. Indigenous spoliation has yet to be contained and much ground remains to be covered.
The mobilization of a global effort in the fight against high-level official corruption was motivated by two factors. First, the grudging acceptance that the corruption of public officials is a practice not confined to the Third World alone but occurs everywhere, even in some of the most economically developed and prosperous regions of the world. More especially, the increasing realization that corruption flourishes in countries where a transparent and accountable culture is lacking; central institutions are weak; legal rules are simply not enforced or nonexistent; and weak market participants do not operate under an internationally accepted set of principles or standards. Second, the widespread recognition that corruption is a threat to the stability of societies and retards the progress (social, economic or political) of countries, particularly developing countries and those with economies in transition. In the words of United Nations Secretary General Kofi Annan at the signing ceremony for the United Nations Convention against Corruption: ‘Corruption hurts the poor disproportionately – by diverting funds intended for development, undermining a government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign investment and aid.’
Some four years ago, it was suggested to me that I might undertake the task of preparing a second edition. The project appealed to me, the more so as the global fight against corruption had entered into high gear, so to speak. I felt that it would be illuminating and useful to assess how far this international effort has gone and to draw attention to a few uncharted areas that continue to pose some difficulties in the global war against Grand Corruption.
This then is the genesis of this new edition.
…The central argument articulated in the first edition remains unchanged. There I argued that the most effective way to combat corruption involving high-ranking state officials is by elevating it to the status of a crime of universal interest, that is, a crime under international law that: (a) entails individual responsibility and punishment; and (b) is subject to universal jurisdiction. The appeal of high-level corruption as a crime that shocks the conscience of humankind lies in the essential attributes of a universal crime. Drawing from the jurisprudence of the Nuremberg Tribunal, a crime of universal interest exhibits three crucial basics. First, jurisdiction over this crime is universal and any state may participate in its repression even though it was not committed in its territory, was not committed by one of its nationals, or was not otherwise within its jurisdiction to prescribe and enforce. The ubiquity of jurisdiction guarantees that those who divert national assets into their private bank accounts can run but will find no place to hide.
Reviews
'Some books elegantly record history; some books make history. This book does both. It is a brilliant, fiercely useful, absolutely essential book – a serious and compelling work in the field, and should be read by scholars and policy makers everywhere. His book is one of those rare volumes that make news, which is so original on a topic of such importance that must be read. Kale has produced a book brilliantly conceived, and superbly researched, mixing passion with erudition.'
Professor Chris N. Okeke, Professor of Law and Co-Director, Center for Advanced International Legal Studies, Golden Gate University, USA
'The International Law of Responsibility for Economic Crimes is a thought-provoking study in the field of international economic crimes. It provides striking theoretical and practical evidence to demonstrate the importance of combating acts of indigenous spoliation by high ranking officials. Well-thought recommendations and most exhaustive analysis are of much value to anti-corruption in developing countries and transitional countries.'
Zhongfei Zhou, Vice President and Professor of Law, Shanghai University of Finance and Economics, China
‘Professor Ndiva Kofele-Kale's insightful and piercing book looks to the face of the 21st century right directly into the eyes, and speaks to all of us with words that are painfully clear.'
Judge Roberto Maclean, formerly of the Supreme Court of Peru, Peru
About the Author
Ndiva Kofele-Kale is Professor of Public International Law in the Dedman School of Law at Southern Methodist University, USA. He has published widely in the area of public international law, indigenous spoliation and human rights.
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