Enforcing International Humanitarian Law Through the Business Responsibility to Respect Human Rights

Authors

• Tara Van Ho, St. Mary's University

Abstract

Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, requires additional clarification from the United Nations body responsible for overseeing implementation of the UNGPs, and stronger efforts by States who retain the primary obligations under international law to regulate businesses. The article also raises concerns about entrusting businesses with the responsibility to implement and enforce IHL when they may be ill-equipped for such a role.

Disciplines

Antitrust and Trade Regulation | Comparative and Foreign Law | International Law | Law | Taxation-Transnational

Recommended Citation

Tara Van Ho, Enforcing International Humanitarian Law Through the Business Responsibility to Respect Human Rights, 9 Cardozo Int’l & Compar. L. Rev. 55 (2025).
Available at: https://larc.cardozo.yu.edu/ciclr/vol9/iss1/4