Are private companies liable under international law?

According to Albanese’s report, yes. Corporate entities are under an obligation to avoid violating human rights through direct action or in their business partnerships.

States have the primary responsibility to ensure that corporate entities respect human rights and must prevent, investigate and punish abuses by private actors. However, corporations must respect human rights even if the state where they operate does not.

A company must therefore assess whether activities or relationships throughout its supply chain risk causing human rights violations or contributing to them, according to the report.

The failure to act in line with international law may result in criminal liability. Individual executives can be held criminally liable, including before international courts.