The ILC’s newly adopted DPs – DPs 10 and 11 – aim to address this gap, and are intended to apply before, during and after armed conflicts. While the GPs address the increased risk of serious human rights violations in conflict-affected areas, they made little mention of the need for environmental protection in these contexts. In 2011, this discourse led to the publication of the United Nations Guiding Principles (GPs) on Business and Human Rights, and this blog seeks to compare the ILC’s two principles to the obligations established by the UN. All three themes have featured prominently in the discourse around business and human rights (BHR), which has been developing since the 1970s. The principles focus on three key themes, corporate due diligence, corporate liability for harm, and the provision of effective procedures and remedies to address such harm. These might include mining or timber companies, or Private Military and Security Contractors. As environmental harm in areas affected by conflict is not restricted to damage caused by state militaries or armed groups, the ILC has included two principles on the responsibilities of corporations. The International Law Commission’s (ILC) study into the Protection of the environment in relation to armed conflicts (PERAC) is expected to conclude in 2021 with the adoption of a set of draft legal principles (DPs) intended to guide the conduct of both state and non-state actors.
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