"Business is business." Corporate executives like to see their actions as politically and legally neutral. But by actions like selling repressive regimes surveillance technologies or buying raw materials from conflict zones, corporate actors can facilitate the persecution of government critics, fan the flames of war and, in some cases, even aid and abet war crimes. The Nuremberg Trials and the subsequent Nuremberg proceedings show how international law can help to challenge this. Where grave human rights crimes are committed, it's not just the political and military leaders who belong before a court. The role of corporate executives and managers in dictatorships and wars can and must also be subject to prosecution.
Cluster
Business, War & Dictatorships
Cases (17)
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Yemen – Arms exports – Germany
The deadly normality of the arms trade
Eurofighters, Tornadoes and MK 80 series bombs are just some of the weapons produced in Europe whose use in the war in Yemen has been verified. It is also well documented that the military coalition led by Saudi Arabia and the United Arab Emirates (UAE) has not spared private dwellings, schools, markets or hospitals in its attacks in Yemen. Despite these obvious war crimes and the overwhelming evidence of violations of international humanitarian law, European authorities authorized these arms exports. In many cases, such as with the fighter jets deployed by Saudi Arabia, important weapons components also were produced and still are produced in Germany.
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Yemen – Arms exports – France
War crimes in Yemen: Complaint against French arms companies
Attacks on residential buildings, markets and hospitals enabled by weapons exports to the military coalition led by Saudi Arabia and the United Arab Emirates make French arms companies potentially complicit in war crimes against civilians in Yemen. ECCHR, together with Mwatana for Human Rights and Sherpa, therefore submitted a criminal complaint with the Paris Court in June 2022.
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Yemen – Arms exports – Europe
Made in Europe, bombed in Yemen
Despite countless attacks on civilian homes, markets, hospitals and schools – conducted by the Saudi/UAE-led military coalition – transnational companies based in Europe continued and continue to supply Saudi Arabia and the UAE with weapons, ammunition and logistical support. European government officials authorized the exports by granting licenses.
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Turkey – Surveillance – FinSpy
Surveillance software "made in Germany" for Turkish authorities? Public Prosecutor’s Office charges FinFisher executives
The Munich-based companies FinFisher GmbH, FinFisher Labs GmbH and Elaman GmbH are accused of selling the surveillance software FinSpy to Turkey without the German government’s permission. When repressive states use surveillance technology, this has all too often led to imprisonment and torture. Following a criminal complaint from ECCHR and its partner organizations, the prosecutor’s office in Munich has opened investigations into the case. IIn May 2023, the Munich Public Prosecutor’s Office brought charges against four managers of the corporate group.
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Brazil – Military dictatorship – Volkswagen
Volkswagen in Brazil: Automobile group collaborated with military dictatorship
Mercedes Benz in Argentina, Volkswagen in Brazil. Economic players, including multinational automobile companies, were beneficiaries of the military dictatorships in Latin America. A number of cases also point to complicity in the arrest and torture of trade unionists.
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Syria – Surveillance technology – Corporate responsibility
Surveillance in Syria: European firms may be aiding and abetting crimes against humanity
The Syrian intelligence services have been collecting without cause information about political opponents, members of the opposition and human rights activists. Spying often goes hand in hand with torture. Software from Western corporations may have played a role in the surveillance. In order to address this, transnational investigations have to be initiated.
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Mexico – Arms exports – Heckler & Koch
Brutal police operation in Mexico: German arms manufacturer Heckler & Koch responsible
In February 2019, the Regional Court in Stuttgart (Germany) convicted employees of the arms manufacturer Heckler & Koch in a case concerning the shipment of rifles to Mexico. The court investigated whether, between 2006 and 2009, Heckler & Koch illegally sold Type G36 rifles to the Mexican police.
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Yemen – Arms exports – RWM Italia
European responsibility for war crimes in Yemen
In October 2016, an airstrike – alleged to have been carried out by the Saudi-led military coalition – struck a civilian home in the village of Deir Al-Hajari in northwest Yemen. The intentional directing of attacks against the civilian population amounts to war crimes. ECCHR is taking legal action against this.
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South Africa – Apartheid – German corporations
Daimler and Rheinmetall facing lawsuit for supporting apartheid crimes
ECCHR is supporting the lawsuit filed by South African victims of the apartheid regime against eight European and US corporations (among them Daimbler and Rheinmetall). The plaintiffs accuse the companies of either directly committing human rights violations in South Africa, or of facilitating and supporting state-sponsored human rights violations.
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Syria – Armed conflict – Lafarge
Lafarge in Syria: Accusations of complicity in grave human rights violations
Eleven Syrian former employees of the French company Lafarge submitted a criminal complaint against Lafarge in 2016. By maintaining business relations with the terrorist group ISIS in Syria, the company may have contributed to the financing of the group, thereby making them complicit in war crimes and crimes against humanity.
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Argentina – Military dictatorship – Ledesma
Involvement of Ledesma sugar company in crimes of Argentine military dictatorship
In 2011, ECCHR submitted an amicus curiae brief in the criminal investigation examining sugar company Ledesma’s liability for human rights violations during the Argentine military dictatorship.
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Argentina – Military dictatorship – Mercedes Benz
Mercedes Benz supported the Argentine military dictatorship
In the Mercedes Benz case ECCHR is assisting relatives of trade unionists who disappeared from a Mercedes Benz plant in Buenos Aires. A senior manager at the company stands accused of involvement in the disappearances and murders of trade union activists carried out by Argentine security forces.
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Nigeria – Torture – Shell
Kiobel case: ECCHR supports victims of corporate abuse before US Supreme Court
ECCHR supports claimants in a case of corporate crime in front of the US Supreme Court. The proceedings are a continuation of the high-profile case taken against Shell. The claimants argue that Shell, through its Nigerian subsidiary, aided and abetted crimes, including torture and extrajudicial executions.
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Democratic Republic Congo – Police violence – Danzer
No investigations against Danzer manager over human rights abuses against community in DRC
In 2013, ECCHR submitted a criminal complaint against a German manager of timber company Danzer Group. He is accused of aiding and abetting, through omission, the crimes of rape, grievous bodily harm, false imprisonment and arson in the DR Congo.
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Colombia – Trade unionists – Nestlé
Nestlé precedent case: Murder of trade unionist Romero in Colombia
ECCHR filed a criminal complaint against Nestlé and some of its top managers in 2012. The complaint accuses the managers of being in breach of their obligations by failing to prevent crimes of Colombian paramilitary groups and failing to adequately protect trade unionists from these crimes.
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United Kingdom – Surveillance – Gamma/FinFisher
Gamma/FinFisher: UK rebukes German-British software company
British-German surveillance technology provider Gamma infringed on its human rights obligations with products such as “state trojan” FinFisher. This was confirmed by the UK’s OECD National Contact Point. In 2013, ECCHR submitted a complaint against Gamma and German firm Trovicor.
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Argentina – Military dictatorship – Minera Aguilar
Involvement of mining company in crimes of the Argentine military dictatorship
In 2012, ECCHR submitted a legal brief in the case relating to the unlawful detention and torture of workers of the company Minera Aguilar SA during the Argentine military dictatorship (1976-1983).
