the right to life in armed conflicts harvard law journal

The Right to Life in Armed Conflicts: A Comparative Analysis of International Instruments

The protection of human rights is a fundamental principle of international law. However, armed conflicts pose significant challenges to the realization of this principle, particularly when private companies are involved. Two recent international documents aim to address this issue: the International Law Commission's Draft Principles on the Protection of the Environment in Relation to Armed Conflicts (ILC Draft Principles) and the Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and other Business Enterprises (Draft Treaty). This article examines and compares these two instruments, with a focus on their provisions related to corporate due diligence and liability.

The ILC Draft Principles were adopted on first reading in 2019 and aim to provide guidance on the protection of the environment during armed conflicts. The principles emphasize the need for states to take all necessary measures to prevent harm to the environment and to ensure that those responsible for such harm are held accountable. The draft principles also recognize the importance of corporate social responsibility, encouraging private companies to respect human rights and the environment.

The Draft Treaty, on the other hand, aims to regulate the activities of transnational corporations and other business enterprises in a way that respects human rights. The treaty recognizes that the activities of these companies can have significant impacts on the environment and human health, particularly in fragile contexts such as situations of armed conflict and post-conflict settings. The treaty provides for corporate due diligence requirements, requiring companies to assess the potential risks of their activities and take steps to prevent harm.

The risks of affecting fundamental human rights are heightened in fragile contexts, where private companies may have significant economic interests at stake. However, even in such contexts, it is essential that companies respect the human right to life and other fundamental rights. The activities of private companies can involve violations of these rights, including forced labour, slavery, and inhuman or degrading treatment.

In conclusion, the ILC Draft Principles and the Draft Treaty represent important steps towards protecting the right to life in armed conflicts. By promoting corporate social responsibility and establishing liability for harm caused by private companies, these instruments aim to prevent human rights violations and ensure that those responsible are held accountable. As the world continues to grapple with the challenges posed by armed conflict, it is essential that we prioritize the protection of human rights and the environment.

The right to life in armed conflicts harvard law journal