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Business actors in armed conflict: towards a new humanitarian agenda

Published online by Cambridge University Press:  04 June 2013

Hugo Slim
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Abstract

The purpose of this article is to give an overview of current understandings of the various roles of business actors in armed conflict. It traces the expanding discussion of business and conflict in today's civil wars, and the discussion's importance to humanitarian, human rights, corporate and peacebuilding policymakers. It shows how the humanitarian understanding of business roles in conflict has progressed beyond some simple and largely negative stereotypes about business in war to become more sophisticated. The article then looks at the significant diversity of business actors, which can determine their experience of armed conflict. It is suggested that there are six potential roles of business in armed conflict – that of victim, perpetrator, supplier, humanitarian actor, peacebuilder, and conflict preventer. Finally, the article recommends a range of ways to improve humanitarian policy so that humanitarian actors engage with business more actively and appropriately on law, business relief, and business continuity.

Keywords

businessarmed conflicthumanitarian actionpeacebuildingbusiness reliefbusiness continuity
Type
Business meets conflict: only risks or also opportunities?
Information
International Review of the Red Cross , Volume 94 , Issue 887: Business, violence and conflict , September 2012 , pp. 903 - 918
Copyright
Copyright © International Committee of the Red Cross 2013 

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References

1 See Henry Dunant, A Memory of Solferino, originally printed by American Red Cross, 1959, reprinted by ICRC, Geneva, 2009.

2 Moorehead, Caroline, Dunant's Dream: War, Switzerland and the History of the Red Cross, Harper Collins, London, 1998, pp. 6–7Google Scholar.

3 Bugnion, Francois, ‘Henry Dunant’, in Forsythe, David (ed.), Encyclopedia of Human Rights, Oxford University Press, New York, 1996, p. 70Google Scholar.

4 Wallenstein was a militarily and commercially successful Bohemian commander who funded his own private army, which he put at the service of the Habsburg Emperor, Ferdinand II.

5 Manzoni, Alessandro, The Betrothed [I Promessi Sposi], (trans. Penman, Bruce), Penguin Kindle Edition, London, 1983, p. 532Google Scholar.

6 Davidson, Ian, Voltaire in Exile, Atlantic Books, London, 2004, p. 4Google Scholar.

7 Le Billon, Philippe, Geopolitics of Resource Wars: Resource Dependence, Governance and Violence, Frank Cass, London, 2005, p. 288CrossRefGoogle Scholar.

8 ICRC, Customary International Humanitarian Law, Vol. I: Rules, Henckaerts, Jean-Marie and Doswald-Beck, Louise (eds), Cambridge University Press, Cambridge, 2005CrossRefGoogle Scholar, Rule 8, ‘Definition of Military Objectives’, pp. 29–34.

9 See ICRC, Business and International Humanitarian Law: An Introduction to the Rights and Obligations of Business Enterprises under International Humanitarian Law, ICRC, Geneva, December 2006Google Scholar.

10 See e.g., Keen, David, Useful Enemies: When Waging Wars is More Important than Winning Them, Yale University Press, New Haven and London, 2012Google Scholar, Chapter 2, and Complex Emergencies, Polity, Cambridge, 2007, Chapter 2; Le Billon, Philippe, Fueling War: Natural Resources and Armed Conflict, Routledge, London, 2005Google Scholar. See also, the many reports of Global Witness available at: http://www.globalwitness.org/news-and-reports (unless otherwise stated all links in this article last visited 20 September 2012).

11 Cramer, Christopher, Civil War is Not a Stupid Thing: Accounting for Violence in Civil Wars, Hurst, London, 2006Google Scholar; Berdal, Mats and Malone, David M. (eds), Greed and Grievance: Economic Agendas in Civil Wars, Lynne Reiner, Boulder, 2000Google Scholar.

12 United Nations Inter-Agency Team for Preventive Action, Extractive Industries and Conflict: Guidance Note for Practitioners, UN, New York, 2010, p. 7Google Scholar.

13 Details of The Kimberly Process on conflict diamonds are available at: http://www.kimberleyprocess.com/; details of the World Gold Council's initiative are available at: http://www.globalwitness.org/news-and-reports, http://www.gold.org/media/press_releases/archive/2012/03/world_gold_council_unveils_latest_draft_of_conflict_free_gold_standard/.

14 David Livingstone, the famous Scottish missionary explorer of Africa, repeatedly framed his vision of colonial progress as a threefold mission of ‘Christianity, Commerce and Civilization’, a phrase taken to heart by British imperialists.

15 Robins, Nick, The Corporation that Changed the World: How the East India Company Shaped the Modern Multinational, Pluto Press, London, 2006Google Scholar, see Chapter 6 summarizing Adam Smith's criticism of the company and its monopoly.

16 Investigative research by Partnership Africa Canada and Global Witness, in particular, brought about international political oversight by the United Nations and industry-wide monitoring by the Kimberly Process – a joint government, company, and civil society initiative.

17 Wennmann, Achim, ‘Conflict economies’, in Chetail, Vincent (ed.), Post-Conflict Peacebuilding: A Lexicon, Oxford University Press, Oxford, 2009, pp. 74–89Google Scholar.

18 Naylor, R. Thomas, Wages of Crime: Black Markets, Illegal Finance and the Underworld Economy, Cornell University Press, Ithaca, 2002, pp. 45–47Google Scholar.

19 D. Keen, above note 10, Chapter 2; Kandeh, Jimmy D., ‘Ransoming the state: elite origins of subaltern terror in Sierra Leone’, in Review of African Political Economy, Vol. 26, No. 81, 1999, pp. 349–366Google Scholar.

20 Anderson, Mary, Do No Harm: How Aid Can Support Peace or War, Lynne Reiner, Boulder, 1999Google Scholar; Conflict Sensitivity Consortium, Resource Pack on Conflict Sensitive Approaches to Development, Humanitarian Assistance and Peacebuilding, available at: http://www.conflictsensitivity.org/publications/conflict-sensitive-approaches-development-humanitarian-assistance-and-peacebuilding-res.

21 See company websites at: www.g4s.com; http://www.aegisworld.com; http://www.academi.com.

22 The Montreux Document on Pertinent Legal Obligations and Good Practices for States Related to Operations of Private Military Companies and Security Companies during Armed Conflict, 2009, available at: http://www.icrc.org/eng/assets/files/other/icrc_002_0996.pdf.

23 For a detailed description of this Swiss-led initiative, see: http://www.icoc-psp.org/About_ICoC.html.

24 Fieldhouse, David Kenneth, The West and the Third World: Trade. Colonialism, Dependence and Development, Blackwell, Oxford, 1999Google Scholar, Chapter 9.

25 See, for example, London Mining Network, ‘Rio Tinto: a shameful history of human and labour rights abuses and environmental degradation around the globe’, available at: http://londonminingnetwork.org/2010/04/rio-tinto-a-shameful-history-of-human-and-labour-rights-abuses-and-environmental-degradation-around-the-globe/.

26 Mitchell, John V., Companies in a World of Conflict: NGOs, Sanctions and Corporate Responsibility, Earthscan and Royal Institute for International Affairs, London, 1998, Editor's Overview, pp. 1–17Google Scholar.

27 John Elkington, The Triple Bottom Line for Twentieth Century Businesses, in J. V. Mitchell, above note 26, Chapter 2.

28 For an excellent summary of the evolution of human rights obligations on business actors before the Ruggie Process, see Clapham, Andrew, Human Rights Obligations of Non-State Actors, Oxford University Press, Oxford, 2006CrossRefGoogle Scholar, Chapter 6 on corporations and human rights.

29 UN Doc. A/HRC/17/31, Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, 21 March 2011, unanimously endorsed by the United Nations Human Rights Council on 16 June 2011.

30 Gilles Carbonnier, ‘Private sector’, in V. Chetail, above note 17, pp. 245–254.

31 See Ragusa, ‘Historique du produit’, available at: http://www.ragusa.ch/fr/historique-du-produit.html.

32 For a comprehensive discussion of corporate complicity in war crimes, see International Commission of Jurists, Report of the Expert Legal Panel on Corporate Complicity in International Crime, Geneva, 2010Google Scholar; and Salil Triparthi, ‘Business in armed conflict zones: how to avoid complicity and comply with international standards’, Institute for Human Rights and Business, Geneva, 2010, both available at: http://www.business-humanrights.org/ConflictPeacePortal/Issue/Complicity.

33 Hayes, Peter, Industry and Ideology: I. G. Farben in the Nazi Era (2nd edn), Cambridge University Press, Cambridge, 2000Google Scholar. For the original judgment, see US v. Carl Krauch et al. (I.G.Farben), US Military Tribunal sitting at Nuremberg, 30 July 1948, in Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No.10, Vol. VIII, 1952, pp. 1081–1210.

34 Steinberg, Jonathan, The Deutsche Bank and its Gold Transactions During the Second World War, C. H. Beck, Munich, 1999Google Scholar.

35 Global Witness, ‘Congolese victims’ pursuit of justice against Canadian company goes to Supreme Court’, 26 March 2012, available at: http://www.globalwitness.org/library/congolese-victims%E2%80%99-pursuit-justice-against-canadian-company-goes-supreme-court.

36 Global Witness, ‘Arms dealer and timber trader Guus Kouwenhoven found guilty of breaking a UN arms embargo’, 7 June 2006, available at: http://www.globalwitness.org/fr/node/3569. Both Kouwenhoven and the Prosecution appealed the sentence, and in 2008 the Appeals Court acquitted him on all charges (and he was freed). The Prosecution appealed again, and in 2010 the Supreme Court returned the case for retrial. It is to be seen whether the recently rendered judgment against Charles Taylor by the Special Court for Sierra Leone will have any influence on the final judgment in this case.

37 The Cash Learning Partnership is an association of agencies encouraging best practice in cash-based responses, see: http://www.cashlearning.org/english/home.

38 Plumpy'nut is a widely used emergency food relief item, see: http://www.nutriset.fr/en/product-range/produit-par-produit/plumpy-nut-ready-to-use-therapeutic-food-rutf.html.

39 Field research carried out by the author in Zimbabwe in 2008–2009.

40 See Binder, Andrea and Witte, Jan Martin, Business Engagement in Humanitarian Relief: Key Trends and Policy Implications, HPG Background Paper, ODI, London, 2007Google Scholar.

41 Iff, Andrea, Sguaitamatti, Damiano, Alluri, Rina M. and Kohler, Daniel, Money Makers as Peace Makers? Business Actors in Mediation Processes, Working Paper Series No. 2, SwissPeace, Bern, 2010Google Scholar.

42 See Manocap's website at: http://manocap.com/.

43 Dashwood, Havina, The Rise of Global Corporate Responsibility: Mining and the Spread of Global Norms, Cambridge University Press, Cambridge, 2012CrossRefGoogle Scholar.

44 Many of these, including the Voluntary Principles on Security and Human Rights, are available at the Business and Human Rights Resource Centre: http://www.business-humanrights.org/ToolsGuidancePortal/Issues/Securityissuesconflictzones. See also, the best practice community relations guidance notes of the International Council on Mining and Minerals (ICMM), available at: http://www.icmm.com/social-and-economic-development; and IPIECA (the oil and gas industry association for environmental and social issues) guidelines, available at: http://www.ipieca.org/library?tid%5B%5D=7&language=All&date_filter%5Bvalue%5D%5Byear%5D=&keys=&x=27&y=9.

45 See above note 29.

46 Harvey, Bruce and Nish, Simon, ‘Rio Tinto and indigenous agreement making in Australia’, in Journal of Energy and Natural Resource Law, Vol. 23, No. 4, 2005, pp. 499–510, University of DundeeGoogle Scholar.

47 International Alert, Conflict-Sensitive Business Practice: Guidance for the Extractive Industries, London, March 2005Google Scholar.

48 Zandvliet, Luc and Anderson, Mary B., Getting it Right: Making Corporate-Community Relations Work, Greenleaf Publishing, Sheffield, 2009Google Scholar.

49 In August 2012, thirty-four people were killed at Lonmin's South African mine, see: http://www.bbc.co.uk/news/world-africa-19292909; and more than twenty people have been killed in Peru's recent mining disputes, see: http://www.bbc.co.uk/news/world-latin-america-19669760.

50 Nancy Birdsall, ‘Do no harm: aid, weak institutions and the missing middle in Africa’, Working Paper 113, Centre for Global Development, 3 August 2007, available at: http://www.cgdev.org/publication/do-no-harm-aid-weak-institutions-and-missing-middle-africa-working-paper-113 (last visited 18 Aril 2013).