The importance of human rights due diligence for businesses: International Criminal Court asked to investigate allegations of land grabbing in Cambodia

On 7 October 2014 a communication was filed with the International Criminal Court (“ICC”) asking the Prosecutor to investigate the alleged commission of crimes against humanity pursuant to a State policy of systematic and widespread ‘land grabbing’ in Cambodia (the “Communication”). The Communication argues that the alleged policy of land grabbing involved crimes of forcible transfer, murder, illegal imprisonment, other inhumane acts and persecution.

The Communication follows recent complaints brought against companies for alleged involvement in illegal land grabs in Cambodia, including via litigation in the English courts and the National Contact Point mechanism established in connection with the OECD Guidelines for Multinational Enterprises. This trend highlights the importance for businesses to conduct thorough due diligence to identify the risk of being involved in or linked to human rights abuses or national or international crimes when investing in or working with suppliers in emerging markets and high risk countries.

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