TY - CHAP
T1 - Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence
AU - Jędrzejowska-Schiffauer, Izabela
AU - Nagaivska, Daria
AU - Minksztym, Jan
PY - 2025/1/15
Y1 - 2025/1/15
N2 - Armed conflicts put under strain State capacities to protect civilians from negative impacts on their life, health, and personal security, as well as other conflict-related violations of human rights. As socially embedded entities, non-state actors play an important role in assisting, com-plementing, and, if need be, substituting State authority where its capacities in conflict-setting are weak or non-existent. The chapter focuses on business enterprises and their human rights obligations under national and international law. Based on a case study of the war in Ukraine we show that, under specific circumstances, such corporate obligations go far beyond the duty to respect human rights and involve duties to protect and fulfill traditionally ascribed to States. We also elaborate on the concept of heightened human rights due diligence (“HRDD”) and its triggers. To that end, we propose a conceptual framework for analyzing heightened HRDD ob-ligations for enterprises directly operating in the countries involved in the armed conflict or linked to that conflict through their economic relations. The proposed conceptual framework is based on three interlinked components: (i) agent-specific considerations such as company size, market position and sphere of activity; (ii) the potential impact that company conduct may have on the rights-holders; and (iii) the agent's geographical, relational or other operational proximity to the armed conflict. While these components have been identified in the scholarly and policy output, little attention has been given so far to how their interaction determines business obliga-tions. We contend that the proximity component alone determines the need for the corporate ex-ercise of heightened HRDD, whereas concretizing the substantive HRDD obligations in con-flict-affected settings requires to evaluate all relevant aspects of rights-holders and business agents perspectives, and how they interplay under the particular conflict dynamics.
AB - Armed conflicts put under strain State capacities to protect civilians from negative impacts on their life, health, and personal security, as well as other conflict-related violations of human rights. As socially embedded entities, non-state actors play an important role in assisting, com-plementing, and, if need be, substituting State authority where its capacities in conflict-setting are weak or non-existent. The chapter focuses on business enterprises and their human rights obligations under national and international law. Based on a case study of the war in Ukraine we show that, under specific circumstances, such corporate obligations go far beyond the duty to respect human rights and involve duties to protect and fulfill traditionally ascribed to States. We also elaborate on the concept of heightened human rights due diligence (“HRDD”) and its triggers. To that end, we propose a conceptual framework for analyzing heightened HRDD ob-ligations for enterprises directly operating in the countries involved in the armed conflict or linked to that conflict through their economic relations. The proposed conceptual framework is based on three interlinked components: (i) agent-specific considerations such as company size, market position and sphere of activity; (ii) the potential impact that company conduct may have on the rights-holders; and (iii) the agent's geographical, relational or other operational proximity to the armed conflict. While these components have been identified in the scholarly and policy output, little attention has been given so far to how their interaction determines business obliga-tions. We contend that the proximity component alone determines the need for the corporate ex-ercise of heightened HRDD, whereas concretizing the substantive HRDD obligations in con-flict-affected settings requires to evaluate all relevant aspects of rights-holders and business agents perspectives, and how they interplay under the particular conflict dynamics.
UR - https://brill.com/edcollbook/title/70994
M3 - Chapter
SN - 978-90-04-71514-1
VL - 8
T3 - International and Comparative Business Law and Public Policy
BT - Business and Human Rights: Emerging Challenges, Issues, and Trends
PB - Brill
ER -