IBA War Crimes Committee shines a light on corporate liability cases

I had the privilege to join a panel that was hosted by the IBA War Crimes Committee on corporate liability for violations of international humanitarian law, international criminal law and international human rights law at the IBA Annual Conference in Miami last month. The panel, which was moderated by Danya Chaikel, Co-Vice Chair of the IBA’s War Crimes Committee, explored past and current cases where corporate entities or their officers have been investigated and, in some cases, criminally charged and convicted or faced civil suits for core international crimes, such as war crimes and crimes against humanity.

In my remarks, I spoke about prominent international criminal law cases brought against corporations in Canada, Europe and the United States. The criminal cases I highlighted include the complaint filed against TotalEnergies in France in October 2022 for complicity in alleged war crimes in Ukraine; the prosecution against Lafarge in France and the United States for crimes against humanity in Syria; and the case filed this year in France against Dassault and other defense contractors for alleged complicity for war crimes in Yemen. I also discussed civil cases brought under statutes, such as the Alien Tort Claims Act, that permit victims of atrocity crimes to seek monetary damages. Among the cases I highlighted are the Nevsun Resources case, which was brought in Canada in 2014 for alleged complicity for crimes against humanity in Eritrea; the case filed against BNP Paribas in France in 2017 for alleged complicity for war crimes in Rwanda; and the case filed against Meta Platforms (Facebook) in 2021 in California alleging complicity for genocide in Myanmar. I noted a trend marked by an acceleration of international criminal law cases filed recently and predicted that within the next five to seven years, every major law firm would have a human rights department to represent clients accused of violations of international human rights law, international criminal law and international humanitarian law.

The panel brought together the following specialists in international humanitarian and criminal law:

-       Danya Chaikel, Co-Vice Chair of the IBA’s War Crimes Committee, as moderator;

-        Reena Devgun of the War Crimes Unit of the Swedish Prosecution Authority in Stockholm, Sweden;

-        John Balouziyeh of Dentons in Riyadh and UNAMI in Baghdad and North American Regional Forum Liaison Officer of the War Crimes Committee;

-        Tom Hamilton of the University of Amsterdam, The Hague, the Netherlands;

-       Kristin Rosella of Global Diligence LLP, a member of GD Alliance, in Ann Arbor, Michigan, USA;

-       Jamie Williamson of the International Code of Conduct Association (ICoCA) based in Geneva, Switzerland.

For a summary of the session and a discussion on the general framework for corporate liability for violations of international criminal law, current cases, trends, challenges and recommendations, see the IBA’s web story covering the session at https://www.ibanet.org/IBA-War-Crimes-Committee-shines-a-light-on-corporate-liability-cases.

Following the panel, I was invited to speak on a second panel discussing how companies can mitigate their risk of liability for human rights violations by implementing human rights due diligences, adopting human rights policies and participating in human rights reporting frameworks.

The panel, which was moderated by Maria Fernanda Mierez of Beccar Varela in Buenos Aires and organized by the IBA Business Human Rights Committee, brought together Nina Gardner of the Johns Hopkins University School of Advanced International Studies in Washington, DC and Lillian Rae Lindsay of Clifford Chance LLP in London. Further details and presentation materials and a reading list can be found at https://www.ibanet.org/session-details/se_100004.

Global law firm Dentons collaborated with UN Women on survey of international policy measures

Dentons offices supported UN Women by conducting research in 30 jurisdictions across the Americas, Europe, Africa and Asia on gender-responsive procurement (GRP) as a tool to meet UN Sustainable Development Goals. Last week, I was given the opportunity to present our findings at Dubai Expo 2020, where I was joined by my colleague Mhairi Main Garcia, Head of Dentons’ Middle East Energy, Transport and Infrastructure Group, in discussing the report findings in a panel session titled, “Emerging trends in GRP in the public and private sectors.” Raghad Aljughaiman, Project Expert in the Office of Entrepreneurship at the UAE Ministry of Economy, and Nihal Hashish, Senior Purchasing Manager at P&G, joined our panel, which was moderated by UN Women Entrepreneurship Expert Jennifer Bland.

Our multi-year research across 30 jurisdictions around the world makes clear that it won’t be possible to achieve the UN Sustainable Development Goals unless women’s economic participation is promoted, and women’s rights are protected.

To read more, see Dentons’ press release at https://www.dentons.com/en/about-dentons/news-events-and-awards/news/2022/january/global-law-firm-dentons-collaborates-with-un-women-on-survey-of-international-policy-measures.

Dentons and UN Women plan to launch the multi-jurisdictional GRP report on International Women’s Day on 8 March, 2022.

Our panel highlighted best practices found in Dentons' research across 30 jurisdictions.

“Doing well by doing good: Human rights as a pillar of corporate social responsibility”

I’m delighted to share a new series of articles on business and human rights, entitled, “Doing well by doing good: Human rights as a pillar of corporate social responsibility.” In Part 1 of the series, my coauthor Catherine Gilfedder and I offer guidance on how multinational corporations, drawing on international best practices, can pioneer socially responsible business models. We pay tribute to the late John Ruggie, the UN Special Representative on human rights and business enterprises, who passed away last month, and explore his legacy. The article discusses how corporations, following the frameworks Ruggie designed, can partake in human rights reporting, monitor their supply chains and implement human rights policies. 

Photo by Eric Bridiers, U.S. Mission to the U.N. in Geneva, taken on December 4, 2012.

Read the full article, published by The Oath: The Middle East Law Journal for Corporates, at https://theoath-me.com/doing-well-by-doing-good-part-1.

In Part 2 of the series, to be published next month, Catherine and I will explore how human rights compliance is increasingly evolving into a legal obligation rather than a voluntary undertaking. We will examine laws that have already been passed in the EU requiring multinational corporations to partake in human rights monitoring and compliance, and the potential future of this trend in the Middle East.

Remembering 9/11 Twenty Years Later

I reported to Joint Base McGuire-Dix-Lakehurst today, as I have on countless other occasions, but on this occasion, everything looked different. The barracks have been converted into makeshift housing for hundreds of refugees who have been evacuated from Afghanistan. Tracks that once hosted 6:00 am runs have been converted into tented settlements for thousands of Afghan evacuees. Fields that were once barren have become a city of refuge, teaming with children flying kites and kicking soccer balls.

Today is the 20^th anniversary of the attacks of 9/11. Those violent attacks brought destruction that forever altered history. They triggered America’s longest-standing armed conflict. The humanitarian relief being carried out at the joint military base symbolizes the polar opposite of 9/11; it embodies love and mercy, and demonstrates the humanity of the American people, a people who will sacrifice their resources and comfort and stand with the oppressed, carrying their burdens with them.

What I witnessed today was surreal: thousands of Afghans walking to and from their tents, men wearing the traditional shalwar kameez, women and girls wearing bright yellow and red hijabs, deep green abayas and ocean blue robes fluttering in the summer wind. The US military has built an entire city at Doughboy field, a field with which I have grown intimately familiar. The tarmac that once hosted our Army combat fitness tests, our 6:00 am sprints, ruck marches, deadlifts and shuttle runs now hosts Liberty Village, a city whose new residents will face persecution if returned to Afghanistan.

Twenty-foot tall tents have sprung up overnight across Liberty Village. Some of them serve as shelters. Others serve as cafeterias. Still others are storage facilities distributing clothing, shoes, sandals, even toys to the thousands of refugees who fled their nation, many without a moment for preparation, having abandoned all their possessions as they scrambled to board one of the last military flights to leave their nation. Some tents are dedicated to translators, others to information management offices, still others for logistics, coordination, and the distribution of supplies from relief organizations. Everything from tee shirts to diapers to baby formula to Pedialyte can be found in these tents.

The new refugee settlement spans several acres. It has become a city within a city, with its own micro-economy. Some refugees can be found standing in lines at food trucks serving traditional Afghan meals; others at cafeterias that have sprung up in the past days. Children can be found playing in playgrounds, swinging on swings. Around the settlement, soldiers are stationed to attend to the needs of evacuees. Some soldiers serve as translators; others as civil affairs liaisons; some are assigned to retrieve the occasional stray soccer ball.

The sprawling lawns across the base, once empty, are now teeming with life and movement. All around the tented settlement, bulldozers and diggers are working around the clock to lay the foundations for new buildings and tents that will accommodate the growing influx of refugees. Passersby hear the laughter of Afghan children who greet soldiers, calling out to them, “salam!”

While witnessing these scenes, I remembered the words of the prophet Isaiah: “Learn to do right; seek justice. Defend the oppressed. Take up the cause of the fatherless; plead the case of the widow.” The world was forever changed by the attacks of 9/11. It is my hope that the assistance being given to Afghan refugees on this twentieth anniversary of 9/11 will similarly change the world, that it will sow seeds of reconciliation. It is my hope that every Afghan will know plenty rather than famine, kindness rather than cruelty and peace rather than war; that they will know a world where love overcomes all things.

Postscript: A wide range of NGOs and humanitarian organizations, including the American Red Cross and Team Rubicon, are collecting financial and in-kind donations to support Afghan evacuees. For the most up-to-date information on how to give, visit the U.S. Air Force Expeditionary Center’s Facebook page at https://www.facebook.com/USAFEC.

Notice: The views expressed herein are the author’s own and do not necessarily reflect those of the U.S. government, the U.S. Air Force Expeditionary Center or any other branches or organs of the U.S. military. Photos appearing herein are U.S. Air Force Expeditionary Center public domain images and/or are posted herein under the fair use doctrine for non-commercial, educational purposes.  

Dentons wins LawWorks Pro Bono Award for Legal Clinic for Refugees in Lesvos, Greece

I am delighted to share that Dentons won the LawWorks Pro Bono Award for our pro bono initiative supporting a refugee legal clinic at Moria Refugee Camp, in Lesvos, Greece. Since I volunteered at the legal clinic in its early days in 2017, it has grown to an award-winning collaboration encompassing seven law firms—Dentons; Orrick, Herrington & Sutcliffe; White & Case; Ashurst; Allen & Overy; Charles Russell Speechlys—and the NGO, European Lawyers in Lesvos (ELIL).  

My experience of working with refugees, who toiled for weeks or even months to reach the gateway to Europe from Syria, Iraq and other war-torn countries, was moving on many fronts. These refugees landed on the shores of Lesvos after fleeing from the most atrocious crimes of the twenty-first century, including genocide, torture, sexual slavery and other war crimes.

I am joined in this photo by ELIL project lawyers and translators.

Read more about this award-winning project at: https://www.dentons.com/en/whats-different-about-dentons/connecting-you-to-talented-lawyers-around-the-globe/news/2020/december/dentons-wins-lawworks-pro-bono-award-for-the-greece-pro-bono-collaborative#:~:text=London%E2%80%94Dentons%20has%20won%20%22Best,NGO%2C%20European%20Lawyers%20in%20Lesvos%20(

After returning from the legal clinic run by ELIL, I drafted a dispatch reflecting on the challenges that refugees fleeing conflict face upon their arrival to the shores of Europe and outlining ways to assist them and the humanitarian community, which is overwhelmed by the needs of refugees on the island of Lesvos. There are not enough doctors, lawyers, protection officers, search and rescue teams and first aid volunteers to address the needs of refugees that land on the island every day. There is no shortage of organizations that seek staff and volunteers to assist with their ever-growing caseloads. To learn more about how to get involved, read my dispatch at http://www.zambakari.org/middle-east/dispatch-from-moria-refugee-camp-a-crisis-within-a-crisis.

Let us not turn a blind eye to the suffering of refugees. Let us instead reaffirm our common humanity. In joining refugees in rebuilding their lives and reclaiming their dreams, we restore their hope and revive their faith in the future. Let us work together towards a world where hope overcomes all things.

حلقة نقاش حول حماية الرعاية الصحية في النزاعات المسلحة

تتشرف شبكة اصدقاء القانون الدولي الانساني بدعوتكم لحضور حلقة نقاش حول حماية الرعاية الصحية في النزاعات المسلحة.

الزمان والمكان:
الجمعة 29 آب 2018 من الساعة 15:30 وحتى الساعة 18:30 في نقابة المحامين، قصر العدل، المتحف، بيروت، لبنان.

البرنامج
16:00 – 15:30: ترحيب ومقبلات

16:10 – 16:00: افتتاح الجلسة - الدكتور كريم المفتي، مدير العيادة القانونية لحقوق الإنسان في كلية الحقوق لدى جامعة الحكمة

16:10 - 17:50: نقاش الخبراء حول حماية الرعاية الصحية في النزاعات المسلحة

الرئيس
السيد فادي مسلم
مستشار وزير الصحة العامة

المتحدثون
الدكتور أنطونيو أبو قسم
دكتور في القانون الدولي
المستشار القانوني الأساسي في المحكمة الخاصة بلبنان والمحكمة الجنائية الدولية
الإطار القانوني الخاص بحماية الرعاية الصحية في النزاعات المسلحة

ممثل عن قيادة الجيش اللبناني (قيد التأكيد)
تطبيق حماية الرعاية الصحية في الأنظمة العسكرية

السيد ايزيكيال هيفيس
المستشار القانوني الموضوعي في منظمة نداء جنيف 

إشراك الجهات الفاعلة المسلحة غير الحكومية في حماية الرعاية الصحية - خبرات منظمة نداء جنيف

السيد دوري نخلة
منسق الرعاية الصحية في خطر في الصليب الأحمر اللبناني

الدكتورة كريستين برتوليك
طبيبة جراحة في اللجنة الدولية للصليب الأحمر

الدكتورة فرانسواز سولنيي
مديرة القسم القانوني المتعدد الجوانب في منظمة أطباء بلا حدود
حكايات من الميدان

17:50 - 18:00: الدكتور عامر السماك
مدير عام جمعية النداء الإنساني
تعريف بجمعية النداء الإنساني وعملها في لبنان

18:00 – 18:30: مناقشة عامة

18:30: ختام

Riyadh seeks partners for local defense manufacturing

Recent years have seen Saudi Arabia surrounded by conflict and unrest.

To the north, Iraq and Syria have descended into armed conflict, giving birth to insurgent-administered enclaves; to the south, civil war in Yemen has triggered the greatest humanitarian crisis on the Arabian Peninsula; to the west, piracy has disrupted Saudi trade and armed conflict has divided the Sudan; and, to the east, lies Iran.

In this context, Riyadh has sought to build its military as a key deterrent against the growing threats to its national security, and allocated more than $55bn to defense spending in 2018 alone.

The Saudi government has also begun partnering with the world’s leading defense contractors with the aim of incubating an indigenous defense manufacturing sector.

My article, published this week by Middle East Economic Digest (MEED), highlights opportunities for investment in Saudi Arabia’s thriving defense sector. Read an abbreviated version at https://www.meed.com/saudi-arabia-defence-contractors-local-manufacturing, or download the full article at https://www.meed.com/wp-content/uploads/2018/07/Defense-Contracting-in-Saudi-Arabia-by-John-Balouziyeh.pdf.