Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint tort liability for corporations per se inasmuch as it is an argument against corporate liability generally. Victims may nonetheless find “some satisfaction from the judicial proceeding, the opportunity to tell their story in a formal setting and the finding of liability.” 263 More often than not, the threat of reputational harm is more real than a fine. When Facebook received international scrutiny for its content moderation failures, the threat of reputational damage appeared to prompt it to action. In the wake of public condemnation, Facebook banned the Tatmadaw commander-in-chief from the platform, commissioned a human rights impact assessment on Myanmar, hired more human reviewers fluent in Myanmar language, rolled out content moderation and transparency initiatives, organized worldwide Community Standards fora to better articulate their policy to the public, and announced its plan to establish the Facebook Oversight Board. 264 Public scrutiny turned out to be a very potent behavioral tool. It is also not guaranteed. The threat of litigation can pressure companies to internalize the risk of transgression. It eliminates the moral hazard caused by corporations’ de facto immunity under the current international legal framework. As Steinitz observes, corporations operating in transnational contexts have “little incentive to act with the kind of care they would exercise if they were to internalize the costs of their management decisions.” 265 Yet, there is no indication that the threat of penal sanction would more effectively reduce this moral hazard. B. Cause of action In exploring the “applicable law” 266 for an ICCJ, Steinitz proposed that the ICCJ adjudicate “cross-border mass tort cases.” 267 In her view, these cases contemplate “the most serious kinds of torts” as well as environmental claims. 268 It would cover “intentional torts and negligence that results in physical injury.” 269 Intentional torts can include false imprisonment (e.g. slavery, human trafficking), battery 263. Conceptualizing Violence under International Law, supra note 241, at 605. 264. See Su, supra note 236; Removing Myanmar Military Officials from Facebook, supra note 236; Product Policy Forum Minutes, supra note 236; Guy Rosen, How Are Doing at Enforcing our Community Standards?, (Nov. 15, 2018), FACEBOOK https://newsroom.fb.com/news/2018/11/enforcing-our-communitystandards-2/ [https://perma.cc/5D4X-Q2BZ]. 265. Steinitz, supra note 240, at 79. 266. Id. at 154. 267. Id. at 152. 268. Id. at 154. 269. Id. at 155. 188