Corporate human rights due diligence and liability in armed conflicts: The role of the ILC Draft Principles on the protection of the environment and the Draft Treaty on …

M Tignino - TIGNINO, Mara. Corporate human rights due diligence …, 2021 - papers.ssrn.com
M Tignino
TIGNINO, Mara. Corporate human rights due diligence and liability in …, 2021papers.ssrn.com
The paper will firstly examine the relationship between private companies, armed conflicts
and IHL. The second and third sections will in turn analyse the content and the extent of the
obligation of corporate due diligence in armed conflicts and post-conflict settings, as well as
the legal liability of both the personnel of private companies and private companies as such.
The Draft Treaty and the ILC Draft Principles represent important contributions in addressing
the corporate liability and fill a gap under IHL: while pursuant to the latter, the responsibility …
Abstract
The paper will firstly examine the relationship between private companies, armed conflicts and IHL. The second and third sections will in turn analyse the content and the extent of the obligation of corporate due diligence in armed conflicts and post-conflict settings, as well as the legal liability of both the personnel of private companies and private companies as such. The Draft Treaty and the ILC Draft Principles represent important contributions in addressing the corporate liability and fill a gap under IHL: while pursuant to the latter, the responsibility of individuals who commit war crimes is well established, corporate liability is indeed still in an infancy stage in international law.
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