Seven Indicators of Corporate Best Practice in International Humanitarian Law

Abstract

Australian Red Cross and RMIT University have developed seven indicators of corporate best practice in international humanitarian law (IHL) as a guide for the corporate sector. These indicators aim to assist businesses in enhancing their human rights due diligence by effectively integrating IHL into companies’ existing business and human rights frameworks. Businesses today are more aware of their human rights obligations than ever before. Some have adopted policies that align with initiatives like the United Nations Guiding Principles on Business and Human Rights or the Voluntary Principles on Security and Human Rights to ensure their operations respect human rights and reduce the likelihood of rights abuses. Taking this sort of action has become particularly important in conflict-prone and conflict-affected areas where human insecurity, weak governing institutions and limited access to justice can threaten peace and sustainable development. In turn, this instability can subject businesses – their personnel, assets and operations – to heightened risks to their security and wellbeing.

Yet, despite the corporate sector’s growing familiarity with human rights law, there are increasing calls from the sector and from civil society for businesses to develop enhanced measures to prevent and address abuses in conflict contexts. IHL – sometimes referred to as the law of war or law of armed conflict – is universally recognised as the specialised set of international legal rules applicable to situations of armed conflict.

At the core of IHL are fundamental humanitarian norms: protections for civilians and other protected persons in conflict-affected areas and restrictions on certain means and methods of warfare. As such, IHL provides businesses with a practical framework for identifying, preventing and mitigating adverse humanitarian impacts in conflict contexts. As past experiences have demonstrated, the best time to deepen understanding of IHL and embed it into relevant policies and processes is before conflict or violence breaks out.

This framework is a general one – intended to be broadly applicable across a range of industries and contexts – so application of the indicators should be adjusted and calibrated to each specific country and corporate circumstances. In particular, we recommend these indicators to all companies whose business activities or supply chains run through conflict-affected areas.

Keywords: international humanitarian law, human rights, responsible business, conflict-affected areas, CSR, business ethics