Can a business enterprise be guilty of a war crime?
Business enterprises – including their personnel – operating in conflict zones run certain legal risks, whether based on criminal responsibility for the commission of or complicity in war crimes or on civil liability for damages. International humanitarian law states that not only the perpetrators of violations, but also their superiors can be held criminally responsible for the commission of war crimes. For example, an arms dealer who sells weapons to a client knowing that they will be used to commit war crimes may be complicit in those crimes, regardless of whether he or she shares the client’s intentions. Similarly, a business enterprise that provides (on a commercial basis) logistical support that is likely to facilitate the commission of violations of international humanitarian law may attract legal liability. The risk of corporate and individual responsibility for crimes perpetrated in an armed conflict is therefore becoming an increasingly important element in a business enterpr
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