responsibility for criminal acts is also a key feature of international humanitarian law, which was clearly established in the Nuremberg and Tokyo war crimes trials. The concept of individual responsibility has since been clarified and expanded through the development of statutes for, and decisions arising from, international criminal tribunals and courts. To date, that responsibility has covered individuals rather than corporate entities. 83 Environmental Treaties imposing Liability Many environmental treaties include provisions imposing liability for environmental harms on private actors.84 These treaties set standards for private actors, but do not directly impose obligations on them. Rather, they empower States to take action against those liable for private harms. Other treaties require States to legislate to provide protection. For instance, the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal requires all States Parties to introduce legislation to prevent and punish the improper movement and disposal of hazardous wastes. Other Initiatives Promoting Corporate Accountability Other initiatives that have sought to influence non-state actors to respect human rights include: • • • • • • the UN Global Compact; 85 the UN Principles for Responsible Investment;(‘UNPRI’) 2006;86 the Global Reporting Initiative;87 ILO’s Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy; 88 the Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights;89 and the OECD Guidelines for Multi National Enterprises (MNEs).90 Various mechanisms associated with international financial institutions, including the World Bank and Asian Development Bank, and with international trade institutions including the WTO 83 Ibid 74-5. The following provision from the International Convention on Civil Liability for Oil Pollution Damage is typical: “The owner of a ship at the time of an accident, or where the incident consists of a series of occurrences at the time of the first such occurrence, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident. See also: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy, the 1962 Brussels Convention on the Liability of Operators of Nuclear Ships, the 1963 Vienna Convention on Civil Liability for Nuclear Damage, the 1969 International Convention on Civil Liability for Oil Pollution Damage (and its 1984 Protocol), the 1971 Brussels Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, and the 1976 Convention on Civil Liability for Oil Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources, and the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. 85 Corporations voluntarily declare their commitment to 10 universally accepted principles, which include support for and respect of human rights, and improvements in environmental responsibility. Ref: http://www.unglobalcompact.org/ 86 The Principles provide a menu of possible actions for incorporating environmental, social and corporate governance issues into mainstream investment decision-making and ownership practices 87 The Global Reporting Initiative (GRI) developed a sustainability reporting framework that sets out the principles and indicators that organizations can use to measure and report their economic, environmental, and social performanceRef http://www.globalreporting.org/ 88 Calls on MNEs to respect the sovereign rights of States and to respect the Universal Declaration of Human Rights and corresponding International Covenants Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, International Labour Office, Geneva, 4th ed., 2006. 89 Developed by the UN Sub-Commission on the Protection and Promotion of Human Rights,, the Norms provide an authoritative and comprehensive interpretation of a corporation’s responsibilities under international human rights law, and incorporate many of the best aspects of existing voluntary initiatives. UN Economic and Social Council. E/CN.4/Sub.2/2003/12/Rev.2. 26 August 2003 90 The Guidelines, adopted by Governments and directed to MNEs, are intended to promote respect for the human rights of those affected by the activities of MNEs and to ensure that their activities are undertaken in a manner consistent with the host government’s international obligations and commitments”. OECD Guidelines, Part II(2). www.oecd.org/daf/investment/guidelines 84 - 25 -