Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
By: Dana Weiss and Ronen Shamir
Dana Weiss (LL.M, LL.B)
is a practicing attorney with Libai, Mann & Co., Advocates & a doctoral
student of the Zvi Meitar Center for Advanced Legal Studies in the Faculty of
Law at Tel-Aviv University. The authors wish to thank Guy Mundlak, Kenneth
Mann, and the participants of the 5th International Human Rights Reaserchers
Workshop on "Private Power and Human Rights" held at the Academic
Center of Law and Business, Ramat Gan, Israel, on December 28-29, 2009, for
providing highly useful comments on earlier drafts of this article.
Introduction: Overview of the Problem
This article discusses the human rights obligations of corporations that
operate in bilateral zones of conflict. It analyzes the commercial activity of
Israeli corporations in the Palestinian Gaza Strip 1 from within the
framework of the evolving jurisprudence on the human rights obligations of
In recent years, greater attention has been paid to the role of commercial
entities in violent contexts whose activities may, directly or indirectly,
implicate issues of human rights or international humanitarian law. 2
International human rights law establishes a set of norms and obligations that
are mainly enforced in relations among states or between states and their
Unlike states, private commercial corporations are generally not treated as
bearing direct human rights obligations under international law; 4
human rights law applies only in a limited way to these corporations. 5
Similarly, international humanitarian law, although increasingly applied to
non-state actors, has yet to be applied directly to privately-owned companies. 6
At the domestic level, most countries do not have national legislation
establishing the extra-territorial duties of corporations with respect to human
rights. 7 Domestic laws that apply to corporations in their home
states do not ordinarily regulate corporate activities in host states. 8
At the same time, human rights norms in host countries, especially in
developing ones, "may be heavily compromised by the economic
considerations of the host state's unbalanced relationships with [transnational
corporations]." 9 As a result, there is a relative legal vacuum...
Lexis.com subscribers can access the full text of "Corporate
Accountability to Human Rights: The Case of the Gaza Strip"
Non-subscribers can order the full text of "Corporate
Accountability to Human Rights: The Case of the Gaza Strip" for US
$12.50 (+ tax)
For more information about LexisNexis products and solutions connect with
us through our corporate site.