Not a lawyer, but if i hire someone to kill someone and put that in writing, I can't sue that person for not doing his job because the contract has no legal value. Not sure on the details, but if i understand correctly a contract between two people cannot cover things that are outside the law. Meaning the law of contracts (like TOS) is inferior to the law of killing people. Seems like this is not true for America, but here i've heard of consumers winning lawsuits based on this principle.
We do need global punishment for corporations, but it would not be the only solution: corporation have to abide to local laws.