14 May 2025 –
Naomi Roht-Arriaza

These days, the news from various corners comes fast and furious: self-dealing, conflicts of interest, cronyism, selective channeling of economic benefits, dismantling of oversight and safeguards, and threats and attacks on potential sources of resistance.  Who knew that my new book, Fighting Grand Corruption:  Transnational and Human Rights Approaches in Latin America and Beyond would prove so timely?

I set out to describe the effects of state capture or kleptocratic rule, exposing the differing nature of large-scale, systemic “grand” corruption which goes far beyond the petty bribes of popular imagination. As the Coalition’s Grand Corruption Working Group has analyzed, grand corruption infects a growing number of countries, and everywhere leads to violations of a wide range of human rights. The international law regime set up to deal with corruption hasn’t kept pace.  

Almost all states are parties to the UN Convention Against Corruption (UNCAC).  Articles 34 and 35 of that treaty require states to allow victims to seek redress but have been rarely invoked. The treaty, and others like it, were negotiated on the assumption that states wanted to fight corruption. But when the corruption is from the leaders’ friends and family, do they ever want to fight it? 

Luckily, the incipient convergence of anti-corruption and human rights provides grounds for hope. Scholars, activists and, increasingly, international bodies in both fields have been mapping areas of overlap and exploring how  human rights laws can be used to call out states for complicity and to put the focus on victims of corruption. In a book chapter, I trace that evolution within regional and global human rights mechanisms, while also examining the more limited, yet noteworthy, steps taken in a similar direction by anti-corruption bodies.

So what else could be done?  I propose two strands:  

• A shift to private enforcement of anti-corruption law, with an emphasis on both representation and redress for victims of corruption.  
• As has been the case for some grave rights violations, encourage third party courts, agencies, and institutions to act in the face of captured states, and catalyze domestic action.

We’re not starting from zero here. My book looks at recent efforts to strengthen domestic legal systems to better attack corrupt and repressive networks in government. I trace the origins, powers, successes and limitations of the International Commission Against Impunity in Guatemala (2008-2019), and why the backlash against it was strong enough to shut it down. While the Guatemalan experience is unlikely to be repeated, technical and strategic support for national legal systems is not. I also consider the role of sanctions on individuals and companies, cases in third-party courts, and the role of private standards and development banks in combating corrupt practices.

A human rights orientation involves reconceptualizing who is the victim of corruption and what consequences flow from that determination. Traditionally, the victim of corruption has been considered the state itself. But what about all the people who were jailed or bankrupted because of bribes to a crooked judge, the children poisoned by adulterated meat in school lunches due to kickback schemes, or hospital patients who died because all the money for treatment was diverted to the leaders of the ruling political party? And then there are the dams, roads and power plants that made no economic or ecological sense but were approved due to self-dealing and bribes, and ended up destroying the livelihood and culture of entire communities. 

There are countless examples of violations to human rights that would not have happened without an underlying corruption crime. Judges in several countries have found that these people are victims, and should be represented in court, either directly or through civil society groups whose mission is to combat corruption. By opening up the courts in criminal, civil, constitutional and administrative actions to the victims, we have the opportunity to enhance both human rights and anti-corruption work.  In this, I am proud to have used the pioneering work of members of the Victims of Corruption Working Group.

Those in positions of power and in charge of justice systems argue that involving victims in corruption cases would overwhelm the system and lead to unrealistic demands for compensation. In response, I borrow from  human rights practice to argue that reparation doesn’t just mean money but a wide range of actions, such as restitution, apology, community services and anti-corruption reforms.  I delve into how different types of reparations might apply to grand corruption, using examples of asset recovery and return efforts, and emerging national practices aimed at preventing re-theft. I also consider the complexities and opportunities of legal tools like plea bargains and settlements.  I tackle how to measure damages to prove sufficient causal links between illicit acts and harms.  In many of these cases, traditional tort doctrines like loss of opportunity apply, while others are more akin to actions for diffuse harms like environmental or consumer protection.  

Infusing anti-corruption work with human rights are mutually beneficial. I look at examples of human rights-related practice  through two examples: transitional justice and international criminal justice.  

The final chapter weighs the case for an International Anti-Corruption Court and connects the fight against grand corruption to broader struggles, such as inequality, authoritarianism, and environmental harm, and for corporate accountability, labor rights, and Indigenous rights.  As each of these movements and concerns loses its silos, the uphill struggle to reclaim the common good will become a little bit easier. 

The book is available from Cambridge University Press, with a 20% discount for UNCAC members using the code ARRIAZA25 at checkout.