The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC)

Dear Colleagues,

Corruption and impunity continue to plague the best efforts of activists to fight poverty and violations of basic human rights. It is evident that international action is needed. However, the precise nature of the required response is unclear.

The Special Issue focuses on the strategy embodied in the Anticorruption Protocol of the United Nations Convention against Corruption (APUNCAC). APUNCAC seeks to implement aggressive measures to fight corruption and impunity, including United Nations inspectors who would conduct independent investigations into allegations of corruption, then hand these cases to dedicated anticorruption courts insulated from domestic interference and manipulation.

We invite submissions from a diverse set of contributors to examine APUNCAC’s strategy and evaluate its potential for addressing the phenomenon of systemic corruption and impunity. Submissions may contribute broad analyses of APUNCAC’s potential impact in areas of the world where domestic law enforcement and domestic anticorruption agencies have been compromised. What would be the impact of establishing independent UN inspectors recruited, selected, and supported by the United Nations, provisions that would establish independent, untainted, dedicated anticorruption courts insulated from domestic interference and manipulation, and provisions where UN inspectors would hand cases to these dedicated anticorruption courts upon the conclusion of their anticorruption investigations?

We invite submissions that compare and contrast the APUNCAC strategy with alternative strategies to fight corruption and impunity, with a special emphasis on lessons learned from the implementation of the Rome Statute establishing an independent prosecutor and the International Criminal Court, the experiences of the Commission against Corruption and Impunity in Guatemala (CICIG), the experiences of Hong Kong’s Independent Commission against Corruption (ICAC), the experiences of Singapore’s Corrupt Practices Investigation Bureau (CPIB), and Georgia’s experiences in fighting corruption.

Submissions may choose to focus on a specific aspect of APUNCAC. Examples include the provisions to fight money laundering and the use of offshore havens to hide illicit funds, the provisions to establish independent, untainted dedicated anticorruption courts, the provisions that would allow private litigants to bring class action lawsuits on behalf of a group of citizens, or the provisions to ensure that the treaty is implemented as intended.

Of special interest are submissions from judges and prosecutors familiar with the challenges of prosecuting cases of corruption. What lessons may be drawn regarding the viability of the APUNCAC strategy?

Finally, much attention has focused on the possibility of establishing an International Anti-Corruption Court (IACC), modeled on the International Criminal Court. Is the APUNCAC strategy complementary to the proposal for an IACC? Would this combination be more effective and synergistic?

The Special Issue will contribute to scholarship in the fields of anticorruption, international public law, the rule of law, and international governance, with a focus on the potential of international law as a social institution that could be adapted to fight corruption and impunity.

For more information, including access to the text of APUNCAC and related publications, please visit the APUNCAC website: http://stopglobalcorruption.com

Prof. Dr. Stuart S. Yeh
Guest Editor

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