Luật hình sự thường được tiến hành khởi tố bởi chính quyền, không giống như luật dân sự thường được tiến hành khởi tố bởi người dân hay các pháp nhân khác. | 48 ANDREW CLAPHAM the new Court will address only part of the picture. Only individuals can be tried in the new Court. It will not be possible to bring cases against states nor will there be cases against political organisations or companies. There was considerable discussion during the Rome Conference as to whether the Court should have jurisdiction over organisations as well as individuals. In the end there was no time to formulate a provision which would have been acceptable to the large majority of Nevertheless as more and more states adopt legislation to enable co-operation with the new Court it is quite possible that this legislation is adapted to allow for prosecutions of corporations or other organisations. I might repeat that the contemporary claims brought against Germany and the German companies over the last decade can be traced back to the Nuremberg trials and in one case to the actual findings against industrialists from the Farben company. One might imagine that in the future successful prosecutions against individuals in the new International 17 I have explained the details of this part of the negotiations in A. Clapham The Question of Jurisdiction under International Criminal Law over Legal Persons Lessons from the Rome Conference on an International Criminal Court in M. Kamminga and S. Zia-Zarifi eds. Liability of Multinational Corporations under International Law Kluwer Law International The Hague 2000 pp. 139-95. Issues of complexity complicity and complementarity 49 Criminal Court could generate similar settlements against states their organisations or even their firms. The new Court does have the power to make orders concerning reparations and restitution. But no one expects many defendants to arrive in The Hague with healthy traceable bank accounts or property in their name. Nevertheless the Rome Statute is careful to state in Article 75 6 that nothing with regard to the Court s own orders for reparations against individuals shall .
