9. Handling the proceeds of crime
Receiving funds or other property which is associated with criminal activities - such as forced labour or pillage - exposes companies and individuals to legal risks under money-laundering statutes in most jurisdictions. Holding, managing or hiding such funds, including funneling suspicious funds into legitimate financial channels (laundering), may result in prosecution and lawsuits.
-
9.1 Argor Hereus - Pillage
In 2013, a Swiss prosecutor opened an investigation into allegations that by processing gold from eastern DRC Argor-Heraeus S.A. had laundered the proceeds of crime and was an accomplice to the war crime of pillage. The Swiss Federal Police conducted a search of company headquarters, seizing documents and computers.
The investigation was prompted by a complaint filed by the Swiss NGO TRIAL International based on evidence that, in 2004-2005, the Swiss Argor-Heraeus gold refinery had refined almost three tons of gold ore that was pillaged from the Democratic Republic of Congo by an armed group involved in the fighting in the east of the DRC.
Argor-Heraus challenged the investigation in the Swiss Federal Criminal Court but the court rejected the challenge, concluding that the strength of the evidence warranted an investigation.
Following a review and preliminary investigation by Swiss authorities, the prosecutor dismissed the case in March 2015. The prosecutor concluded that “the gold had indeed been pillaged in DRC by the Nationalist and Integrationist Front militia (Front nationaliste intégrationniste)”, and that money laundering rules may have been breached, but ordered the case closed on the grounds that “there was insufficient evidence that the company had been aware of the gold’s criminal origin” (TRIAL International)
Sources:
Argor-Hereus SA and Hussar Ltd., TRIAL International
Stop Pillage, TRIAL, OSJI
Corporate War Crimes: Prosecuting the Pillage of Natural Resources, James G. Stewart, OSJI (2011)
-
9.2 Platform Economy Pillage
In May 2024, Dutch prosecutors launched an investigation into allegations that Booking.com had laundered funds obtained from the commission of war crimes in the Occupied Palestinian Territory (OPT).
An investigation by a coalition of NGOs identified 70 listings between 2022 and 2023 — 13 in East Jerusalem and 57 in other areas of the West Bank — on Booking.com (evidence of additional listing evidence was submitted in early 2024). The NGOs allege that by facilitating the rental of vacation homes on land stolen from the Palestinian population, Booking.com profits from war crimes.
The case is being brought under anti-money laundering legislation and Article 1(4) of the Dutch International Crimes Act(Wet Internationale Misdrijven) which specifically forbids profiting from war crimes.
In 2023, Global Legal Action Network (GLAN) and the Irish solidarity group Sadaka filed a criminal complaint against Airbnb (its Irish subsidiary and i senior executives) with Ireland’s National Economic Crime Bureau (GNECB) alleging money laundering and complicity in the war crimes. The underlying alleged crime involves Airbnb Ireland’s role in listing accommodation in illegal settlements. “In November 2024, the GNECB declined to open an investigation, stating that the complaint disclosed no offence within the jurisdiction of Ireland. In response, on 9 May, Sadaka filed judicial review proceedings in the High Court, claiming the Gardaí made an error in law and acted irrationally in reaching this decision.” (GLAN)
GLAN has launched a related action in the UK and has taken steps to prepare legal actions in the US.
Sources:
Booking.com accused of laundering profits from Israeli war crimes in Palestine, SOMO Case Summary
AirBnB Targeted Over Listings of Illegal Israeli Settlements, GLAN
Is Booking.com profiting from war crimes in Palestine? Justiceinfo.net 23 May 2024
Seized, settled, let: how Airbnb and Booking.com help Israelis make money from stolen Palestinian land, Guardian, 27 February 2025
Fact patterns of corporate involvement from other situations where international crimes are alleged
Plus some useful links…
-
There are a range of potential liabilities emerging from business activity in Israel and Palestine. To learn more, read this landmark UN report (June 2025), check out resources like Investigate and Don't Buy Into Occupation and Who Profits and the BDS Movement…
…or drop us a line.
-
There are significant sanctions risk in relation to Ukraine but also the possibility that technology and other value chains supply Russian aggression or launder stolen goods onto global markets. Check out the main boycott campaign B4Ukraine and if you have questions drop us a line.
-
Syria is in the early days of a transition from war, oligarchism, and dictatorship to…something else. For current issues, check out reports of the SLDP to start. If your interested in past investigations or have questions drop us a line.
-
more cases coming soon
-
There are a number of resources online that will help victims and survivors, business people, investigators, risk managers, journalists, and the interested public unpack the sometimes complex issues related to corporate involvement in international crimes. Here are some links:
The UN Working Group on Business and Human Rights has a page with various resources dedicated to business in conflict-affected and high-risk areas (CAHRAs)
TRIAL International has a database that identifies 21 cases involving businesses
Amnesty International manages a Corporate Crimes Hub (it is offline at the moment so here is the archived version)
Global Legal Action Network has a series of cases focused specifically on war and occupation
The Business and Human Rights Resource Centre (BHRRC) has a database that includes civil and criminal actions (warning: they use the word "lawsuits" to refer to all actions against companies, which can be confusing)
Investigate has a searchable database of companies. It is a project of the American Friends Service Committee (who are excellent at this stuff)
OpenCorporates searchable database with legal entity (company) data from primary sources across 140+ jurisdictions
InterJust has an excellent database and interactive map covering legal option for atrocity crimes around the world called Justice Beyond Borders
If you know of an initiative that should be included here, let us know (the more the merrier).
For help with planning or conducting investigations, due diligence, or strategic litigation we can offer advice, training and assistance. Drop us a line at the contact email below …or try The Counter at SOMO - a global helpdesk for environmental and social justice activists challenging corporate power (a really cool initiative which we wish we’d have thought of)
This page is under construction
•
Not for citation
•
This page is under construction • Not for citation •