New Year’s resolutions worth keeping

Authors: Fauve Kurnadi, Legal Adviser – International Humanitarian Law, Australian Red Cross and Jonathan Kolieb, Associate Professor in Law at RMIT University, Co-Director of RMIT's Business and Human Rights Centre, and volunteer on the Victorian IHL Advisory Committee at Australian Red Cross

2025 has commenced against a backdrop of escalating geopolitical tensions and enduring humanitarian crises, including more than 120 ongoing armed conflicts across the globe. This has given rise to unprecedented challenges for international humanitarian law (IHL), and an increasing focus on the need for greater respect for IHL.

Businesses operate within, and influence, these complex contexts. While the importance of responsible business conduct in armed conflict has gained traction in recent years, it is time for businesses to deepen their understanding of, and commitment to, their responsibilities under IHL.

In the season of New Year’s resolutions, businesses should commit to upskilling their executives and employees in the relevance of IHL to their operations. For our part, we will strive to significantly increase our efforts to support businesses in achieving this goal.

In this blog post, we highlight three actionable resolutions that businesses can adopt to strengthen corporate understanding of, and respect for, IHL in 2025:

1. Enhance conflict sensitivity by investing in IHL and conflict awareness training;
2. Strengthen human rights due diligence efforts by enhancing IHL knowledge; and
3. Seek out opportunities for positive, humanitarian action and progress in conflict zones.

The role of International Humanitarian Law (IHL) in helping businesses navigate conflict-affected areas

IHL, or the law of war, is a set of globally accepted rules which seek to limit the harmful effects of armed conflict on people, places and objects. While IHL is traditionally associated with governments and armed forces, it also plays a crucial role in helping businesses navigate conflict-affected areas. As businesses face increasing scrutiny for their connection to armed conflict – and growing risks to personnel and assets in those areas, not to mention to their bottom lines – there must be a proportionally sharper focus on IHL to ensure corporate actors operate responsibly and legally in these contexts.

The International Committee of the Red Cross (ICRC) has recognised this in its sixth report on IHL and the challenges of contemporary armed conflicts (2024 Challenges Report), specifically in relation to arms control and cyber operations, and in a revised publication on Private Businesses and Armed Conflict, published last year with Australian Red Cross and French Red Cross. Other stakeholders, including investors, shareholders, consumers, and civil society organisations, are also calling for greater corporate respect for IHL. For instance, industry-based initiatives and standards bodies are moving to strengthen expectations for responsible business conduct. In 2024, the Global Reporting Initiative (GRI) – in response to advocacy led by Australian Red Cross, RMIT and DCAF Geneva Centre for Security Sector Governance – established a new sustainability reporting standard for the global mining sector. The standard includes, for the first time, an expectation that businesses report on their adherence to IHL and enhance their human rights due diligence in conflict-affected areas.

For businesses that fail to meet these expectations, it is increasingly likely that they will be met not only with significant criticism from civil society actors and other stakeholders, but also legal and regulatory consequences and potentially severe reputational damage. This is reflected in high-profile cases of corporate complicity in IHL violations, such as the Lundin Oil war crimes trial, which underscores the myriad of risks associated with neglecting these responsibilities.

As these developments continue apace, we recommend three resolutions for businesses vis-à-vis their activities and commercial relationships in conflict-affected areas.

1. Enhance conflict-sensitivity by investing in IHL and conflict awareness training

The ICRC has identified more than 120 ongoing armed conflicts, involving over 60 states and 120 non-state armed groups.According to the UN, one-quarter of humanity now lives in a conflict-affected area. While the Russia-Ukraine conflict and Gaza-Israel conflict remain in the spotlight, many others are just as complex and devastating. Armed conflicts in countries like the Democratic Republic of Congo, Ethiopia, Myanmar, Sudan, and Yemen continue to claim lives, displace populations, and threaten to escalate. Beyond these, instability and violence are rising in many other regions. According to the 2024 Global Peace Index, released by the Institute for Economics and Peace (IEP), 97 countries saw a decline in peacefulness – the worst deterioration in 16 years. The IEP also estimated that this violence cost the global economy $19.1 trillion in 2023. The ripple effects of war extend far beyond the parties fighting in these conflicts, creating humanitarian emergencies and impacting businesses and communities.

As businesses’ exposure to conflict and violence grows, so too does the need for conflict-sensitivity within the private sector. At its core, conflict-sensitivity requires a nuanced understanding of what and where armed conflict is, a conflict’s particular actors and dynamics, and the rules that govern it – namely, IHL. Businesses must actively seek out this information whenever there is a possibility that their operations, supply chains, partnerships or investments may affect or be affected by armed conflict.

Businesses can take immediate steps towards enhancing their conflict-sensitivity by leveraging IHL and armed conflict experts, utilising existing resources such as the Rule of Law in Armed Conflicts database, and investing in IHL and conflict awareness training. Australian Red Cross and RMIT University have developed several free and interactive online trainings, including:

• An online course on International Humanitarian Law for Business; and
• War, Law and Business: A Module on International Humanitarian Law for Future Business Leaders (watch preview video).
  
  

2. Strengthen human rights due diligence efforts by enhancing IHL knowledge

Heightened human rights due diligence (hHRDD) has become a must for businesses working in conflict-affected areas – whether they’re on the ground themselves or connected through partners and supply chains. By adopting hHRDD, businesses can better identify, prevent, and address the heightened risks to human rights in these contexts; they can also more effectively address their IHL risks, such as complicity in war crimes, and their impact on conflict dynamics. However, as the World Benchmarking Alliance has identified, 80% of the world’s 2,000 most influential companies are yet to take steps towards conducting any sort of human rights due diligence. This must change. To support these efforts, the UNDP and UN Working Group on Business and Human Rights have developed a practical guide on hHRDD for business in conflict-affected contexts, which emphasises the unique risks, responsibilities and protections afforded to business under IHL.

We know businesses face the daunting task of complying with a cacophony of domestic laws, international regulations, and soft law tools and guidance. Without the requisite knowledge and capacity in IHL, however, businesses will be unprepared for the unique and complex issues that can arise in armed conflicts. For example, this coming year will likely see increased attention on the responsibility of businesses in the production, sale and transfer of arms and dual-use technologies. The ICRC’s 2024 Challenges Report also describes how cyber operations – which can disrupt government services, public communication systems and healthcare, or use social media platforms to incite violence against civilians – may implicate private businesses, exposing companies and individuals not only to the threat of attack but also potential legal liability.

Enhancing IHL knowledge and building this into effective heightened human rights due diligence processes is a long-term journey. A great starting point is the Compendium of IHL Resources for Businesses, developed in collaboration with our partners at the International Committee of the Red Cross.

3. Seek out opportunities for positive, humanitarian action and progress in conflict zones

While 2025 brings its share of challenges, it also offers businesses unique opportunities. By actively collaborating with governments, civil society, and international organisations, businesses can help build sustainable peace and security. For instance, by reducing tensions between businesses and communities, establishing transparent grievance mechanisms, and strengthening local economies and institutions. While economic development alone doesn’t guarantee peace, responsible investment can be a powerful tool for sustainable peacebuilding.

Businesses can lead by example, encouraging their partners and third parties – such as contractors, suppliers, investors, and customers – to respect IHL. For instance, as 2024 drew to a close, the Cybersecurity Tech Accord provided key support for a critical initiative in IHL – the development of a digital emblem of protection in cyberspace. One practical step that businesses could take is incorporating IHL compliance and training – such as the Australian Red Cross and RMIT University resources listed above – into enforceable contractual requirements, ensuring a shared commitment to ethical and legal standards across the supply chain.

Summary

Businesses must take greater responsibility for their role in conflict-affected areas, not only to prevent and mitigate humanitarian and human rights harms, but also to avoid complicity in the worst violations of the laws of war. To businesses navigating the challenges and opportunities of doing business in conflict-affected areas: we can support you in achieving your IHL resolutions. Together, let’s make 2025 a year of meaningful action and accountability for businesses respecting IHL.

For more on responsible business conduct in conflict-affected areas, please contact IHL Legal Adviser Fauve Kurnadi at fkurnadi@redcross.org.au.