Business and human rights in conflit-affected areas

Kaplina, Vladyslava

Enterprises can influence the lives of communities in both positive and negative ways. On the one hand, business can contribute to the development of globalisation processes, be our employer, promote economic prosperity, but, on the other hand, they can violate our rights and freedoms, provoke conflicts with local communities regarding land rights or development of extractive sector, support for extremist groups or dictatorial regimes to receive additional economic benefits. To help business navigate through complex environments of their operations, the UN adopted the UN Guiding Principles on Business and Human Rights which proclaim the necessity for business to respect human rights and to conduct human rights due diligence.
However, companies’ operations become even more complex when it comes to operations in conflict-affected areas. This book explores how companies can contribute to human rights and environmental violations in conflict-affected and high-risk areas. It challenges the assumption used often by companies which assumes that they can remain neutral in conflict zones, arguing instead that their presence and activities inevitably influence conflict dynamics and may contribute to human rights violations, including war crimes.
Central to the analysis is the concept of heightened human rights due diligence that requires companies to assess not only their direct human rights impacts but also analyse the conflict by using a conflict-sensitive approach to understand how companies may contribute to the conflict.
The study also integrates international humanitarian law into the business and human rights framework, emphasising that companies operating in conflict zones must understand and respect IHL and violations of it can result in civil or criminal liability, including prosecution of corporate executives under international criminal law.
Through detailed case studies – from World War II industrialists to modern examples such as Lafarge, Lundin and Amesys – the book illustrates how companies have been held accountable for human rights abuses in conflict-affected areas.
The book concludes by highlighting the importance of the adoption of a binding international treaty on business and human rights, and calls for clearer guidance on business operations in armed conflicts. It emphasises that responsible business conduct in conflict zones is a strategic necessity for companies that seek to avoid reputational, operational, and liability risks.