Filling the Knowledge and Practice Gap when it comes to Business and International Humanitarian Law (IHL)

With more 120 armed conflicts taking place globally today, millions of people around the world are suffering. All too often, lack of knowledge of or respect for the rules of international humanitarian law (IHL) strips individuals of their dignity and their most basic rights.

2024 marked the 75^th anniversary of the Geneva Conventions, cornerstones of IHL that have safeguarded humanity in the face of war since 1949. The Geneva Conventions remain as vital as ever, setting rules that protect civilians, prisoners of war, and wounded, sick, and shipwrecked soldiers. They represent a global consensus and collective determination to place limits on the devastation of war.

Today, many private companies operate in conflict-affected and high-risk areas (CAHRAs). From large multinational conglomerates to small and medium-sized enterprises, the chances that private business operations will be impacted by an armed conflict and the related risks have never been higher. Many companies are therefore undertaking ‘heightened human rights due diligence;” they are escalating their policies and processes according to the higher level of security and human rights risks. However, companies may not be fully aware of IHL, the special rules of international law that come into play in situations of armed conflict and can have implications for business activities that affect civilian populations or other protected individuals. Companies may similarly be unaware of the protections that IHL can offer to company personnel and assets.

To promote business actors’ awareness of IHL and why it is essential to improve respect for IHL in corporate culture, policies and practices, in November the ICRC, Australian Red Cross and French Red Cross published: “Private Businesses and Armed Conflict: An Introduction to Relevant Rules of International Humanitarian Law.” Primarily intended for private business staff such as legal counsel and others in compliance or human rights due diligence roles, the publication may also be instructive for humanitarian practitioners, other legal experts, government and regulatory officials, and civil society in their advocacy and engagement roles.

This essential publication not only elucidates the general rules of IHL but it also highlights a number of specific rules of particular relevance to private businesses, including:

- the use of force by public or private security providers;

- humane treatment of civilians, including people deprived of liberty;

- protection of public and private property;

- avoiding forced displacement;

- protection of the natural environment; working conditions; access to food, water and other essential supplies;

- and manufacture of and trade in weapons and other technologies.

More news:

The authors, Matt Pollard (ICRC), Fauve Kurnadi (Australian Red Cross) and Coline Beytout-Lamarque (French Red Cross), discuss the publication in the Humanitarian Law and Policy Blog (November 2024)
Mirjana Spoljaric, ICRC President, A call to make international humanitarian law a political priority, 6 February 2025.
Cordula Droege, ICRC Chief Legal Officer, Championing IHL compliance in contemporary armed conflict: the 2024 ICRC Challenges Report, 9 October 2024

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