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Article

12 Oct 2023

Author:
Rachel Alembakis, FS Sustainability

OPT/Israel: Investers warned of possible war crimes complicity amid Gaza siege

"Investors warned on human rights risk in Israel-Hamas conflict"

The escalation of armed violence in Israel and the Occupied Palestinian Territory (OPT) raises investor concerns over business responsibility under international humanitarian law (IHL)...

Fauve Kurnadi, a legal adviser on international humanitarian law at Australian Red Cross, noted the International Red Cross Red Crescent Movement's extreme concern about the escalation of armed violence in Israel and the Occupied Palestinian Territory (OPT)

IHL exists to regulate armed conflict to limit human suffering from the adverse consequences of warfare.

"States and armed forces have responsibilities under IHL, whether in the context of occupation, or in active, boots-on-the-ground fighting," Kurnadi said. "Of particular importance is the obligation to protect and respect civilians and civilian objects, as well as healthcare workers and healthcare facilities."

"Similarly, there have been, and continue to be, risks and responsibilities for businesses that operate in, or are linked to, Israel and the OPT, they've just been brought into the spotlight recently."

In situations of armed conflict, beyond human rights-related risks, businesses and investors can face legal risks under IHL. For instance, "any situation in which a business or an investor could be seen supporting either side of the conflict, such as towards the commission of a violation of IHL could have legal implications that flow from that, including, in some cases, war crimes complicity," Kurnadi said...

"There are also situations where there is violence or unrest that do not meet the threshold of armed conflict, but do raise significant human rights concerns. So it is important for companies and investors to monitor and manage conflict in all its guises."

The [investor] toolkit [from the RIAA] refers to the to the Israeli occupied-Palestinian Territories as well as providing a list of OHCHR's list of businesses operating in settlements in the Occupied Palestinian Territory is highlighted in the toolkit and a case study that refers to the Palestinian territories...