The ICRC and business enterprises
States party to the Geneva Conventions have mandated the ICRC to protect and assist persons affected by armed conflict and to promote awareness of, and respect for, international humanitarian law. To fulfil its mandate, the ICRC seeks to develop a constructive dialogue with all State and non-State actors who have a stake in or may have an influence on situations of armed conflict.
It is within this framework that the ICRC engages with business enterprises. The main objective of this dialogue is to help them better understand their rights and meet their obligations under international humanitarian law. The ICRC also wants to assist business enterprises in implementing undertakings relating to international humanitarian law to which they have subscribed under various multi-stakeholder initiatives.
Preface
The globalization of market economies offers new opportunities for business enterprises. While these opportunities can generate growth, jobs and prosperity, they also give rise to risks. Indeed as business enterprises explore these opportunities, they increasingly operate in unstable environments or areas affected by armed conflict.
The Voluntary Principles on Security and Human Rights is the only initiative emanating from a multi-stakeholder process that expressly refers to international humanitarian law. Various other inter-governmental processes or multi-stakeholder initiatives promote respect for human rights or endeavour to mitigate the social impact of business projects. To the extent that these may also have an effect in situations of armed conflict, they are of interest to the ICRC; the following initiatives or processes could be mentioned in this regard:
The Organisation for Economic Co-operation and Development Guidelines for Multinational Enterprises;
The International Finance Corporation's Policy and Performance Standards on Social and Environmental Sustainability
The Equator Principles;
The United Nations Global Compact
The Business Leaders' Initiative on Human Rights
The ICRC also closely follows the ongoing discussions on the issue of business and human rights taking place in the framework of the United Nations human rights system.
A number of business enterprises have declared a commitment to conducting their activities in a conflict-sensitive way. In particular, in recognition of the fact that their operations are likely to have an impact on the dynamics of conflicts and on the suffering of civilian populations, they have indicated that they will take great care not to exacerbate conflicts and their effects on civilian populations.
Business enterprises have become increasingly familiar with human rights law. Many have adopted corporate policies aimed at ensuring that their operations respect, and at times even promote respect for, human rights, as well as policies aimed at reducing the likelihood of contributing, directly or indirectly, to human rights abuses. And many are involved in the various fora searching for a shared understanding of the boundaries of business responsibility for human rights.
Business enterprises are generally less familiar with international humanitarian law, even though this body of law, specifically developed to regulate situations of armed conflict, has important implications for them when they operate in countries experiencing armed conflict. On the one hand international humanitarian law grants protection to the personnel – provided they do not take part directly in armed hostilities – and the assets and capital investments of business enterprises. On the other hand it imposes obligations on managers and staff and exposes them – and the business enterprises themselves – to the risk of criminal or civil liability.
The risk of criminal or civil liability is undoubtedly the most pressing challenge confronting business enterprises whose activities are connected in one way or another with armed conflict. It is relevant not only for business enterprises which may themselves violate international humanitarian law, but also for those which may contribute to violations of international humanitarian law committed by the parties to the armed conflict. The issue of potential complicity is thus something business enterprises must be keenly aware of.
The aim of the present brochure is to provide managers of business enterprises with a simple basic document flagging situations where business operations may either benefit from the protections afforded by international humanitarian law or be constrained by its rules. The brochure is meant primarily for a readership of country managers and security managers who face the daily challenge of running business operations in conflict environments. It may also serve as a reference for financial, insurance and trading companies which are not directly operating in zones of armed conflict themselves, but may do so indirectly through their clients and suppliers.
The brochure does not provide a comprehensive legal analysis. Depending on the circumstances, business managers may thus wish to seek legal advice.
The International Committee of the Red Cross (ICRC) hopes that this brochure will prove a useful introduction to the complex and under-explored issue of the relationship between business and international humanitarian law. It is convinced that by clarifying the relevant aspects of international humanitarian law for business enterprises whose activities are connected in one way or another with armed conflict, this brochure will help them develop business operations that, at a minimum, respect and do no harm to people affected by conflict.
Read also press release and questions and answers on the role of ICRC in promoting ihl in business
