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conflicting requirements. At all times, enterprises need to be aware of any risks
that a particular course of action may pose to affected stakeholders and take
these into account in their decisions.
It is particularly likely that where enterprises face challenges of this type, their
conduct will be under closer scrutiny from stakeholders. Enterprises should be
able to account for their efforts to maintain respect for human rights in these
situations and it will often be advisable to report on them, provided that doing
so does not increase risks to human rights.
In the rare situations where local law or other requirements put an enterprise
at risk of being involved in gross abuses of human rights such as international
crimes, it should carefully consider whether and how it can continue to operate
with integrity in such circumstances, while also being aware of the human
rights impact that could result from terminating its activities.
Q 84. Why should the risk of being involved in gross human
rights abuses be considered a matter of legal compliance?
If enterprises are at risk of being involved in gross human rights abuses,
prudence suggests that they should treat this risk in the same manner as the risk
of involvement in a serious crime, whether or not it is clear that they would be
held legally liable. This is so both because of the severity of the human rights
abuses at stake and also because of the growing legal risks to companies as a
result of involvement in such abuses.
Enterprises can cause gross human rights abuses through their own activities,
for example if they use slave labour or treat workers in a manner that amounts
to cruel, inhuman or degrading treatment. They may also contribute to gross
human rights abuses that are committed by other parties, for example security
forces. Such indirect contribution to gross human rights abuse can give rise to
allegations of either legal or non-legal complicity.
The commentary to Guiding Principle 17 states that “as a legal matter, most
national jurisdictions prohibit complicity in the commission of a crime, and
a number allow for criminal liability of enterprises in such cases. Typically,
civil actions can also be based on an enterprise’s alleged contribution to a
harm, although these may not be framed in human rights terms. The weight
of international criminal law jurisprudence indicates that the relevant standard
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