4. Use of company assets

The use of company facilities and equipment in the commission of international crimes can create liability for the company, even if it did not authorise or intend such use of those assets. This may include, for example, physical or digital infrastructure used in the perpetration of international crimes or violations of international law

  • 4.1 Ford Argentina

    In 2018, two former executives of Ford Argentina were convicted for their complicity in crimes against humanity and sentenced to between 10 and 12 years.

    In 1976, 24 workers employed by Ford were kidnapped and tortured at their factory on the outskirts of Buenos Aires. The crimes took place during the military dictatorship in Argentina between 1976-1983 .

    Ford Argentina said in a statement in 2018 that it was not named in the case and that it had cooperated fully with prosecutors.

    The two executives were found guilty of supporting the torture of factory employees by the regime security forces by providing information that identified trade unionists, by allowing a detention centre to be set up in the recreation area on the premises of the factory, and by providing transportation between the factory and other detention centres. The court heard testimony from survivors that workers were interrogated through the use of torture, both at the factory and at other detention centres. Evidence presented at trial made clear that the factory detention centre was part of a larger system of security service interrogation and torture centres that operated during Argentina’s so-called dirty war.

    In its judgement the court found that the two accused Ford executives were “necessary participants” (partícipes necesarios), in effect characterizing their contribution as necessary for the illegal detention and torture to occur.

    Sources:

    The Ford case, 40 years later - JusticeInfo.net

    https://www.business-humanrights.org/en/latest-news/ford-lawsuit-re-argentina-2/

    Trial Monitoring, Crimes Against Humanity in Argentina, Secretariat for Human Rights of the Nation, Ministry of Human Rights (not updated)

  • 4.2 Riwal Palestine

    In 2010, Dutch prosecutors launched a preliminary investigation into Lima Holding B.V. in connection with Israeli war crimes. The investigation was launched in response to a criminal complaint, submitted by Dutch lawyers acting on behalf of Palestinian human rights organisation Al Haq, which alleged that by leasing cranes and other construction equipment for use in the construction of the separation wall, Lima’s wholly-owned subsidiary, Riwal, was complicit in war crimes and crimes against humanity.

    In a statement, Lima said Riwal had been wrongly associated with this case.

    The Al Haq complaint alleged that the Wall resulted in the unlawful appropriation (pillage) of land and destruction of protected civilian property. It also alleged that construction of settlements facilitates the transfer by Israel of its civilian population to occupied territory, which is prohibited under international humanitarian law, and that the regime instituted by the construction of the Wall also results in a situation of apartheid in the OPT, which is a crime against humanity. Al Haq noted that

    “Holland’s International Crimes Act prohibits the commission of war crimes and crimes against humanity by Dutch nationals, including companies. Acts that amount to complicity in crimes, such as the facilitation or the aiding or abetting of crimes are also criminalised.” 

    The investigation by Dutch authorities lasted three years and established that the company and its directors contributed to the construction of the Wall and Israeli settlements in the OPT in six incidents identified in the complaint. The prosecution decided not to proceed with a full investigation on the grounds that the apparent contribution of Riwal to the overall settlement activity was minor.

    Sources:

    The Case Against Riwal, Al Haq

    Riwal investigated [Netherlands] - Business & Human Rights Resource Centre

Fact patterns of corporate involvement from other situations where international crimes are alleged

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