Under this provision states parties must pay The provision on enhanced human rights due diligence affirmed in Article 6(4) (g) on prevention of the 2021 Draft Treaty should be read together with Article 16(3), devoted to the implementation of this instrument. The inclusion of a duty of an enhanced human rights due diligence in situations of armed conflict and post-conflict settings is a significant development of the Draft Treaty, given the lack of obligations in international humanitarian law (‘IHL’) specifically addressing private companies. Moreover, according to the Draft Treaty, states parties have to ensure that private companies adopt and implement ‘enhanced human rights due diligence measures to prevent human rights abuses in occupied or conflict-affected areas, including situations of occupation’. Both instruments include provisions on corporate due diligence and liability.
The paper will examine and compare two international documents, namely the International Law Commission’s Draft Principles on the Protection of the Environment in Relation to Armed Conflicts (‘ILC Draft Principles’) adopted on first reading in 2019 and the Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and other Business Enterprises (‘Draft Treaty’). The risks of affecting fundamental human rights are heightened in fragile contexts, such as situations of armed conflict and post-conflict settings.
At the same time, private companies may also have negative impacts on the environment and human health of local communities affecting their rights, including the human right to life.
The activities of private companies may involve violations of fundamental rights of individuals and communities, including forced labour, slavery and inhuman or degrading treatment.
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