Corporate Complicity in Violations Of International Law

About BADIL 0 Established 1998; not-for-profit, Palestinian human rights organization; 0 Advancing a Rights-Based Solution: Empowering Rights Holders and Influencing Duty Bearers 0 Special Consultative status with UN since 2006 (ECOSOC) 0 Comprehensive rights-based approach founded in IHL, IHRL 0 Geographic Scope 0 Element of Time

Legal Analysis of Corporate Complicity 0 International Human Rights Law 0 International Humanitarian Law 0 International Criminal Law 0 Guiding Principles on Business and Human Rights (2011)

Responsibility 1. The state’s duty to protect against human rights abuses by third parties including business; 2. The corporate responsibility to protect human rights; 3. The need for more effective access to remedies.

Corporate Compliance 1. Establishing a policy commitment to the realization of respect for human rights; 2. Assuming constant due diligence to identify, prevent, mitigate and report their human rights impacts; 3. Instituting processes to facilitate remediation for any adverse human rights impacts that are complicit or directly cause.

Social Responsibility Definition 0 “social license to operate” 0 “a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders” Framework 0 UN Global Compact (2000) 0 Businesses should support and respect the protection of internationally proclaimed human rights; 0 Make sure they are not complicit in human rights abuses.

Complicity 0 The indirect involvement in human rights abuses, where the actual harm is caused by another, whether state body or non-state actor (Ruggie Guidelines) 0 Three categories (Global Compact): 0 Direct 0 Beneficial 0 Silent

Involvement of Companies in Israeli Violations of International Law 0 Colony construction, other infrastructure, services and agriculture 0 Exploitation/pillage of production and resources; 0 Control of population; 0 Private security companies functioning in an occupied territory; 0 Construction of the Annexation Wall; 0 Providing other specialized equipment and services.

Case Study: Kardan N.V. and Kardan Yazamut Ltd. 0 Kardan N.V. is a Dutch corporation with multiple subsidiaries; 273 M USD 0 Yazamut is an Israeli corporation with multiple subsidiaries; incorporated by Kardan N.V. in 2011; 185 M USD 0 Both are controlled by three Israeli business men; 0 Areas of Operation: Israel and the oPt 0 Real estate development 0 Construction 0 Vehicle Sales 0 Short-term operating lease 0 Communication and technology 0 Focus on the involvement of the main relevant subsidiaries

Kardan N.V. Subsidiary Overview SubsidiaryActivityViolation Tahal Water Planning for Israel Ltd (1952) Master plan for wastewater treatment systems from the colonies Providing services exclusively to Israeli colonies through relevant infrastructure; Master plan for Jerusalem’s wastewater treatment system through the construction of 3 plants Construction in occupied territory; providing services to colonies Primary planner for Mekorot; operating 640 projects for Mekorot Pillage of natural resources in occupied territory (oPt & Golan Heights) Mekorot Water Ltd.Operates 42 wells in the West Bank Service provision to colonies and pillage of natural resources

Kardan Yazamut Subsidiary Overview SubsidiaryActivityViolation El-Har/Ramet (Kardan Israel ) Construction of colonies and their infrastructure in the oPt Aiding and abetting the crime of forced population transfer Kardan Vehicle (Kardan Israel) Car rental agenciesBeneficial complicity (profiting from services inside the colonies ) Milgam Municipal Services Ltd. Providing water and collection services to 100 municipalities and entities in Israel and oPt Beneficial complicity (profiting from work inside the colonies and West Bank) Metropoli-Net Ltd. (Milgam)Computer software solutions and services Beneficial complicity (working and profiting from colonies)

Recommendations 0 Encourage respect for international law and the Guiding Principles on Business and Human Rights 0 UN -> Develop and establish a binding international framework with legal instruments 0 States -> development and implementation of domestic law 0 Corporations -> enhance social responsibility 0 Role of Civil Society 0 Boycott & Divestment 0 Advocacy and lobbying of duty bearers for the above including Sanctions

Recent BDS Successes 0 G4S divestment 0 United Methodist Church divestment 0 Veolia divestment 0 University College London Union (UCLU) academic boycott 0 Orange divestment

Where is the “S”? 0 “instruments of a diplomatic or economic nature which seek to bring about a change in activities or policies such as violations of international law or human rights, or policies that do not respect the rule of law or democratic principles… Such measures imposed by the EU may target governments of third countries, or non-state entities and individuals.” 0 Obligations of 3 rd party states (Protect, Condemn, Not render aid and Investigate)

JVP Action Ideas 0 Low 0 Film screening 0 Sit-in 0 Medium 0 Exhibitions 0 Speakers 0 Op-ed 0 BADIL’s wish list 0 High 0 Partnerships btw JVP chapters and Palestinian CBOs 0 Intern with BADIL 0 Facing the Nakba Education sessions 0 BDS campaign 0 Book group

Questions?? Return is Our Right and Our Will

BADIL Resource Center for Palestinian Residency and Refugee Rights Bethlehem, Palestine