Proposed binding treaty must prevent business from benefiting from intl. crimes, says NGO

Author: Al-Haq, Published on: 26 October 2016

"Al-Haq oral statement - Panel II: Primary state obligations Second Session of the IGWG meetings on TNC accountability", 25 Oct 2016

The biggest challenge faced by people and communities in conflict-affected areas is that mechanisms for corporate accountability are often unavailable or inadequate.  This is certainly the case for Palestine where corporations are currently involved in ongoing war crimes...We also find that there are significant obstacles in ensuring the applicability of international humanitarian law through courts in the 'home' states of multinational corporations, as well as in international courts...The future binding instrument, therefore, must ensure that States are obliged to take necessary legislative and administrative measures to require that corporations, which they are in a position to regulate, are not involved or complicit in serious violations of international law, either directly or through their business relationships.  States must also take necessary measures to ensure that where national companies are complicit in unlawful State practices and policies,...[T]he Treaty must prevent corporations from taking part or benefiting from serious international crimes, and second, it must ensure that corporations currently contributing to or directly involved in international crimes withdraw entirely and immediately and be held accountable to its action...

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