HRC 59th session - Human Rights in Palestine and corporate responsibility

Tree in the sand - West Bank Tree in the sand - West Bank © David McLenachan on UnSplash

HRC 59th session - Human Rights in Palestine and corporate responsibility

The report focuses on the role of corporate entities in the oPt, which are not complying with their legal obligations for the sake of profit.

The Human Rights Council scrutinized the issue of the conflict in Palestine and the illicit occupation of its territories by Israel, which has revealed itself to be a pressing and worrying matter for the international community. Specifically, the Special Rapporteur Francesca Albanese engaged with the key role of corporations collaborating with Israel which are perpetrating colonial endeavours (already witnessed in the past) for mere profit. Francesca Albanese affirms that Israel is committing atrocious crimes and companies holding economic relationships with Israel are complicit in the perpetration of those same crimes.

 

The legal framework analysed to conduct this evaluation covers the UN Guiding Principles on Business and Human Rights, but also peremptory norms of international law, corporate responsibility and international humanitarian law, as well as state level legal framework and state responsibility. Lastly, the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct inserts itself in the broad array of laws and norms to regulate the matter. 

Israel’s illicit actions violated the right to self-determination, the prohibition of annexation and committed the crime of forced displacement, the crime of apartheid, genocide and crimes against humanity, amounting to very serious violations. Any corporate entity causing the aforementioned violations, or directly and indirectly contributing to violate them, is liable and must take steps to stop said actions and take responsibility for any reparation. Failure to do so, renders them complicit in the Palestinian occupation by Israel and in severe human rights violations. 

The UN High Commissioner for Human Rights (OHCHR) has established a list of businesses found to be engaging in economic relations which are directly or indirectly enabling Israel’s operations in the oPt, pursuant to Human Rights Council resolutions 31/36 and 53/25 in 2020. Lastly updated in 2025, it lists a total of 158 enterprises from Canada, China, France, Germany, Israel, Luxembourg, Portugal, Spain, the Netherlands, the UK & Northern Ireland and the US.

 

Laws governing corporate responsibility increased significantly post-Nuremberg trials and post-colonialism. This is due to increased awareness of the connection between colonialism and violence and private power. Corporations have been thriving in contexts of slavery and expropriation of resources, and their growing significance have rendered them shapers of laws, nationally and internationally. Ultimately, influence and power rose the need to regulate and hold corporations responsible for their actions, recognizing justiciable accountability. 

More specifically, in Palestine, corporations have been assisting the process of occupation in various ways. For instance, they have been providing weapons to Israel. As an example, Lockheed Martin (US based), provided large amounts of defence weaponry, while Elbit Systems and Israel Aerospace Industries provided top-tech technology (ex. drones). These have been used by Israel in oPt operations. Furthermore, Microsoft and Amazon provided full access to their clouds and AI technologies, tech infrastructure essential in surveillance, data collection and sophisticated profiling to perpetrate discrimination.

Then, Israeli businesses have been institutionally granted access to Palestinian resources and exploitation through the Oslo II Accords. For example, the Israeli national water company Mekorot retains the monopoly over water resources in oPt, forcing Palestinians to adhere to their pricing and supply. Electricity, gas and fuel are under Israeli monopoly. The latter decides Palestine’s supplies under economic and trade relationships with foreign companies like Chevron, which supplies the country with 70% of its consumption, but also holds part-ownership of the East Mediterranean Gas pipeline (generating huge profits). Companies trading with Israel are inevitably affecting life in Palestine, from food imports and exports to tourism in Israeli colonies, which are often a result of exploitation of resources and unlawful ownership of land in the oPt. Lastly, the role of financial investments is essential. The Israeli state budget is boosted by major international banks such as BNP Paribas, underwriting treasury bonds and investing huge amounts of money. Insurance companies, pension funds from abroad, are to be added to the list.  

Yet, being complicit does not entail just material involvement, but also ideological. Universities and research institutes are holding partner relationships with Israeli ones, being complicit in the erasure of Palestine and in Israeli ideology. This further help and support maintains the system of genocide and apartheid, under the guise of research neutrality. 

 

Ultimately, Francesca Albanese holds that it is in the best interest of corporations included in the OHCHR database to comply with aforementioned recommendations. Non compliance causes dual harm for business, since it can lead to judgement before the International Criminal Court (ICC), but it can also be detrimental for its future economic relations as well (e.g., for lack of integrity).

 

The Special Rapporteur in this assembly urges a shift in corporate responsibility, further emphasizing their obligations and legal liability in the perpetration of oPt’s harm. All bodies holding economic relationships with Israel, and Israel itself, are benefitting from the oppression of Palestine and exploitation of their resources with impunity. The worsening of the situation after October 2023 makes involvement even more grievous. Whilst companies hold neutral positions or deny support, their involvement is beyond question, even when not direct. Furthermore, compliance with State rules does not exempt said corporations from the respect of international law, even if States pursue relationships with Israel or breach their obligations.

Thus, Francesca Albanese urges to end economic and financial relationships with Israel and pay reparations to Palestinian people for the gravity of their actions. States themselves and the United Nations must push for the actualization of said recommendations. 

 

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By Alexia Banica

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