International Human Rights Law
The Universal Declaration of Human Rights and numerous regional and international human rights instruments enshrine the promotion and protection of human rights and fundamental freedoms of all individuals.
Some of these instruments protect the rights of particular groups (see, for example, the United Nations Convention on the Rights of the Child) or prohibit specific human rights violations (see, for example,
the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence).
Those rights and freedoms shall be respected and protected by States.
Their protection is further guaranteed through regional human rights courts and United Nations human rights mechanisms and procedures.
Business and Human Rights
In recent years, this area of law has evolved, going from non-binding standards (e.g. the OECD Guidelines for Multinational Enterprises and the United Nations Guiding Principles on Business and Human Rights) to mandatory standards with the adoption of various legislations at the national level (e.g. the French Law on the Duty of Vigilance of Parent and Outsourcing Companies of 2017 or the German Act on Corporate Due Diligence in Supply Chains of 2021) and probably soon also at the European level (see the Proposal for a Directive on corporate sustainability due diligence adopted by the European Commission on 23 February 2022).
In parallel, there has been an increasing number of cases and case law developments in this area before national jurisdictions.
Businesses are expected to act with due diligence and respect human rights (including the right to a healthy environment).
This is particularly crucial when they operate in conflict-affected areas.
Failure to do so may lead to corporate civil or criminal liabilities.
International Criminal Law
Persons allegedly responsible for the commission of international crimes, such as crimes against humanity, war crimes and genocide, may be prosecuted and tried before the International Criminal Court, as well as before other international or internationalised criminal tribunals (see, for example, the International Residual Mechanism for Criminal Tribunals and the Kosovo Specialist Chambers), subject to specific jurisdictional requirements being met.
International crimes may also be prosecuted and tried before domestic criminal jurisdictions under certain legal conditions. In some countries, such crimes may be prosecuted and tried even in the absence of any nexus between the alleged perpetrator of the crime, the victim of the crime or the place where the crime was committed and the country in which the crime is prosecuted (universal jurisdiction).