THE ROLE OF BUSINESS ENTERPRISES IN THE DEVELOPMENT AND TRADE OF WEAPONS An

WEAPONS
An Intersection Between IHL and IHRL
BERNHARD RUBEN FRITZ SUMIGAR
Graduate Student,

Kutafin Moscow Sate Law University
Conference on International Humanitarian Law Faculty of Law HSE
Moscow, November 2019

serious human rights violations has been the elephant in the

room for long.

Patrick Wilcken
Arms Control Researcher,
Amnesty International

[…] (c) those which employ a method or means of

combat the effects of which cannot be limited as required by this Protocol.

It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

Art. 35(2) AP-I

Art. 51(4) AP-I

a new weapon, means or method of warfare, a High

Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.

business enterprises should have in place policies and processes appropriate

to their size and circumstances, including:
[…]
(b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights.

Principle 15(b)

UN Guiding Principles on Business and Human Rights

identify, prevent, mitigate and account for how they address their

adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence:
(a) Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships;
(b) Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations;
(c) Should be ongoing, recognizing that the human rights risks may change over time as the business enterprise’s operations and operating context evolve.

Principle 17

Protecting Human Rights

We Set the Standard
We are committed to good

citizenship, which includes the protection and advancement of internationally recognized human rights.

Fair Treatment
We treat others with respect and dignity, encourage diversity and diverse opinions, promote equal opportunity for all and help create an inclusive and ethical culture.
We prohibit harassment, bullying and discrimination, use of child, compulsory or forced labor, trafficking in persons and any acts associated with modern day slavery for any purpose.

Resource Access
We promote environmental responsibility by reducing our use of natural resources and maximizing the efficiency of our products.
We innovate technologies that can protect and provide access to natural resources.
We support economic access through fair and inclusive hiring and remuneration practices and supplier diversity outreach.