Improving responsible business practice in conflict zones and understanding of international humanitarian law

RMIT’s Dr Jonathan Kolieb is working with the Australian Red Cross to improve corporate understanding of their obligations and responsibilities to uphold international humanitarian law when operating in conflict zones.

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Improving responsible business practice in conflict zones

The set of rules known as ‘international humanitarian law’ was established to regulate how armed conflict is carried out and to limit its impact on non-combatants. While businesses operating in conflict zones are obliged to uphold these laws, Dr Kolieb and team identified that corporate knowledge of the law was severely lacking in Australia and globally. This gap in awareness and training for businesses posed a risk with potential industrial, social and policy repercussions.

Research surveys reveal gap in corporate understanding of international humanitarian law

Working with the Australian Red Cross, Dr Kolieb from RMIT’s College of Business and Law first surveyed some of Australia’s largest companies that conduct business in conflict zones, including those in the mining, oil and retail sector.

Kolieb said that while all mentioned they have a human rights policy (the United Nations’ Guiding Principles on Human Rights), none of them knew about the similar but separate international humanitarian law or its relevance to them.

“Many companies have general statements that say they respect human rights in their sustainability reports, but they had no idea about international humanitarian law,” said Kolieb.

We’ve been really keen to correct this gap and have been building awareness through many avenues including private confidential conversations with companies, engaging with the UN Global Compact and producing accessible resources on international humanitarian law and its relevance to businesses.

-Jonathan Kolieb

What is international humanitarian law?

The Geneva Conventions of 1949 and its Additional Protocols form the core of what is known as international humanitarian law – sometimes referred to as the laws of armed conflict.

These laws aim to preserve human dignity even during humanity’s darkest moments.

In those situations, businesses have both rights and responsibilities, the latter including the requirement to uphold the laws of the Geneva Conventions, including ensuring they are not directly involved, or indirectly aiding, in attacks on civilians.

Companies operating in areas of conflict must also know how to mitigate risks to their organisation that may arise if international humanitarian law is not respected. Those risks could include safety and security of corporate personnel and assets or affect an organisation’s reputation or finances.

Boosting corporate understanding of international humanitarian law

Following the research surveys, the team has worked to increase awareness and understanding of the issues of operating in conflict zones and developed several resources for educating businesses on international humanitarian law.

Dr Kolieb and collaborators from the Australian Red Cross have presented ideas at academic conferences and industry-facing events and workshops. The team has also engaged with civil society organisations and the International Committee of Red Cross (in Geneva) to develop approaches to engaging and educating relevant companies.

The UN has also referenced their work and developed documents around responsible business in conflict, citing Kolieb and team’s work throughout.

Educational and training resources

The research collaboration led to the Australian Red Cross developing a Business and International Humanitarian Law hub that houses resources and information for businesses.

The partnership team including Dr Kolieb and Australian Red Cross colleague, Ms Fauve Kurnadi, has also developed several resources for businesses on international humanitarian law, including online guides, training programs and modules. These have now been shared globally via the Geneva arm of Red Cross and include:

A practical guide on business’ risks, rights and responsibilities in conflict zones Doing Responsible Business in Armed Conflict.
An implementation framework Seven indicators of corporate best practice in international humanitarian law for businesses to embed IHL into their policies and practices.
Learning and training modules for security personnel and students set to become future business professionals. Dr Kolieb developed a one-hour free gaming training module with an introductory video: War, Law and Business: Humanitarian law for future business leaders.
A Massive Open Online Course (MOOC), the world’s first business and international humanitarian law MOOC that will be free and available to anyone across the globe.
Publication - Don’t forget the Geneva Conventions

Lobbying for change

The research has had a meaningful impact on the conduct of individual companies, including changing security protocols and updated training and risk assessment procedures for prominent Australian-based resource companies. (The details are necessarily confidential).

The work has contributed to the United Nations’ Working Group on Business and Human Rights project on conflict-affected areas and was cited in the final 2020 official UN report.

Dr Kolieb was invited to attend the related Asia-Pacific consultation workshop in Davao, Philippines (2019). The research and corporate guidance document has been included in the following world-leading online repositories:

Security and Human Rights Knowledge Hub, developed by the International Committee of Red Cross (Geneva) and the Geneva Centre for Security Sector Governance
the online Business and Human Rights Resource Centre.

Formal submissions have been made to the Australian Stock Exchange, the Australian Treasury Department and the United Nations around this work to enhance governance regimes around responsible business conduct in conflict zones.

The work has also been presented at international “business and human rights” forums, academic symposia and private industry workshops facilitated by Australian Government.

Kolieb said they have made good progress talking to industry organisations including the Responsible Investment Association of Australia (RIAA) and the Global Reporting Initiative (GRI).

There is an increasing desire from people to ensure their investments such as superannuation are ethical and sustainable.

-Jonathan Kolieb

“We’re pleased that after working with the RIAA, they have now developed material to guide their members around international humanitarian law,” he said.

In recognition of his work, Dr Kolieb has also been appointed to the Australian Red Cross, International Humanitarian Law Advisory Committee.

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