" Companies in conflict-affected situations:  gaps in human rights protection and opportunities for clarifying and developing the existing legal framework ", Feb 2018

...FIDH has been unequivocally requesting that the issue of conflict-affected areas would be addressed in the instrument...

...To that extent, the UN Guiding Principles are a remarkable stepping stone towards binding regulations on business and human rights issues in conflict-affected areas, providing much-needed clarifications on the respective responsibilities of States and companies. Their implementation remains far from ideal. 

...The ongoing discussions on the future binding instrument on Business and Human Rights is an opportunity to further clarify the extent of the obligations imposed both  on States and on companies in fragile, high-risk and conflict-affected areas. 

...It is the duty of States to make enhanced due diligence process mandatory, so as to ensure that any company operating abroad actively prevents, mitigates and remedies all human rights and humanitarian law abuses. 

... [T]he future instrument should include, as part of the obligations of TNCs and OBEs, compliance and respect for IHL. 

...Since access to justice and remedy is a critical issue in conflict-affected areas, it is essential to impose clear extra-territorial obligations on States. This would facilitate holding companies accountable when they spark, drive or intensify conflict abroad, engage with parties to a conflict, and  contribute to gross human rights abuses.