Neutral Business Assistance and the Limits of Corporate Complicity in Human Rights Violations Amounting to International Crimes

The purpose of this project to outline the conceptual foundations for corporate complicity in cases of the so-called “neutral business assistance” in the commission of gross human rights violations amounting to international crimes.

The concept of “neutral”, “ancillary”, “ordinary” or “dual use” business assistance may be defined as a conduct otherwise legal—such as training, materiel, instructions, logistical support, or financial assistance, viz. something that companies regularly do on an every-day basis in order to increase profit for their shareholders—that contributes to the crimes carried out with the help of such matériel.

The aim of the work is to explore whether and under which conditions such form of an assistance may entail responsibility based on complicity.

To this end, this research will comprise an analytical and an evaluative legal scholarship that provides an assessment of the law, highlighting shortfalls and suggesting how it might be improved.

In the pursuit of answers, the project will include theoretical elaboration together with observations of real cases, in order to contribute to the development of a legal theory.

Lessons drawn from legal philosophy will aid the author’s assessment of rival theories and to develop the proposed new theory’s positive heuristic. The overall working plan will last for 36 months and it will be carried out individually by the applicant.