Don't Forget the Geneva Conventions: Achieving Responsible Business Conduct in Conflict-Affected Areas Through Adherence to International Humanitarian Law

Abstract

This article examines the question of how a business operating in a conflict-affected area can uphold human rights. It contends that a crucial yet often overlooked element is a business’s commitment to embedding the fundamental standards of international humanitarian law (IHL) (as distinct from international human rights law) into its policies and practices. The United Nations Guiding Principles on Business and Human Rights state that companies doing business in conflict-affected areas should respect IHL—the law of armed conflict. However, businesses are often unfamiliar with IHL and its relevance to their operations; it both provides legal protections and represents potential risks and liabilities. Similarly, the scholarly discourse around business and human rights (BHR) tends to overlook the relevance of IHL. The absence of IHL from the scope of the draft BHR treaty currently being negotiated at the United Nations is indicative of this. While some businesses operate with greater conflict sensitivity than others, in most cases they do not use an IHL lens to do so. The article outlines the significance of IHL for business and provides an affirmative case for greater integration of IHL into the BHR project, including its governance instruments and practical tools, to help realise the goal of responsible business conduct in conflict-affected areas.

Keywords: international humanitarian law, human rights, responsible business, conflict-affected areas, business and human rights, war, conflict