It’s Time for Businesses to Address Complicity in Gaza War Crimes | Idea

one year later Hamas‘ The scale of civilian suffering in the Occupied Palestinian Territories (and now Lebanon) is intensifying, with horrific murders, hostage takings and the start of Israel’s heinous war on Gaza. The Israeli Defense Forces offensive shows no signs of slowing down, even months after the International Court of Justice (ICJ) warning of the possible risk of genocide hit the headlines. In response, scrutiny of business complicity in crimes against humanity has rightly intensified, as companies in sectors ranging from arms exporters to tech giants continue to profit from a backdrop of unimaginable violence against civilians.

We must be clear: These companies stand at a crossroads.

Will they abandon war profiteering, comply with international labor standards, and comply with humanitarian and human rights law? Will they stop the arms exports that lead to indiscriminate murders every day? Will they end their role in creating a fog of disinformation and hate speech? Or will they continue to fuel crimes against humanity and war crimes with no end in sight?

International law and standards provide a well-defined way to answer these questions. The process is simple and has been widely adopted, at least in the mission statements of companies around the world. The UN Guiding Principles on Business and Human Rights tell us that in conflict situations, companies and investors have a responsibility to engage in a higher level of scrutiny on human rights. In armed conflicts, companies need to redouble their efforts to identify and address their impact on civilians’ human rights to ensure they do not contribute to the drivers of conflict or triggers that intensify violence.

After the ICJ found a “real and imminent risk” of irreparable harm to rights under the Genocide Convention, an expert legal opinion stated that “companies and their executives could be arrested.” responsible for committing acts of genocide…. International criminal law suggests that direct complicity requires intentional participation, but not necessarily intent to cause harm, only knowledge of foreseeable harmful effects. “Exports of arms and technology are essential to the ongoing operations of the Israeli Defense Forces and are therefore beneficial to civilian deaths and violations of international humanitarian law in Gaza. These legal risks give even business leaders who have lost their moral compass reason to reconsider.”

But for many companies and investors linked to human rights abuses, even the most basic cornerstones of responsible business action are missing.

Research conducted by the Business and Human Rights Resource Center revealed that these companies are not transparent and unfortunately fail to fulfill their human rights responsibilities. between 104 technology companies When the Resource Center asked about steps they were taking to prevent further damage to the area, only four bothered to respond. Resource Center in August He asked 15 arms exporters and 21 investors for increased human rights due diligence plans – once again only four companies responded; Besides these, only three investors shared at least credible efforts, including disinvestment.

These companies’ lack of transparency regarding human suffering and the risk of violating international law points to an unacceptable sense of impunity.

Doctors in Gaza
Medics evacuated injured and cancer patients from Kamal Adwan Hospital in Beit Lahia, northern Gaza Strip, to Al Shifa hospital in Gaza City in a joint World Health Organization operation on October 28, 2024.


AFP/Getty Images

So what’s next?

But what if companies cannot conduct the necessary human rights due diligence in the chaos of conflict or create a business model that prevents them from contributing to “foreseeable harmful effects” on civilians?

There is no crossroads here. Considering disinvestment and exiting conflict responsibly is the only possible step to comply with international law and business standards.

As the death toll rises in the Occupied Palestinian Territories and Lebanon, a growing number of governments and investors appear to be coming to this conclusion. It is becoming increasingly difficult to ignore the expanding scale of violence and the risk that these companies will not be able to provide adequate assurance that they are not contributing to violence.

KLP, Norway’s largest pension provider, is now Except Caterpillar The company was withdrawn from its investment portfolio over concerns that its products could contribute to abuse by using them to destroy Palestinian homes and infrastructure in the West Bank. In mid-October, the UK government imposed sanctions on Amana, a construction company involved in the establishment of illegal settlements in the West Bank. Other governments should consider emulating these moves to ensure compliance with international law.

When it comes to arms companies, there is little room for uncertainty: UN experts have called for a full arms embargo and a halt to the sale and transfer of surveillance technologies and dual-use materials, while the UK government recently suspended 30 arms export licenses to Israel. Due to a “clear risk” they could be used to commit or facilitate serious violations of international humanitarian law.

The courts of history and the future will judge technology, arms and other companies that remain silent and continue to interfere with measures taken by the military and propagandists to prevent them from killing civilians and exacerbating hate speech. In Gaza and Lebanon.

But leadership is now needed on every front, so that more responsible businesses and investors can speak out for collective responsibility and robust government action; by governments to enforce their domestic laws and international human rights standards for business; and the early hearing by courts of legal challenges and the imposition of penalties on corporate complicity in war crimes by executives who remain determined to profit in the face of atrocity. Civilians facing untold suffering and destruction in the region need this action now.

Mary Robinson is the former UN High Commissioner for Human Rights and former President of Ireland. Phil Bloomer is the Executive Director of the Business and Human Rights Resource Center.

The opinions expressed in this article belong to the authors.