A/HRC/42/CRP.3 consistent with the right to life and of the right of victims to obtain an effective remedy. 38 This also holds true for other civil and political rights, 39 as well as economic, social and cultural rights.40 28. In recognition of the significant increase of activities of transnational corporations, growing investment and trade flows between countries, and the emergence of global supply chains, in 2017 the Committee on Economic, Social and Cultural Rights provided authoritative guidance clarifying that States’ obligations under the Covenant “did not stop at their territorial borders”.41 States Parties are “required to take the steps necessary to prevent human rights violations abroad by business enterprises domiciled in their territory and/or jurisdiction”. The Committee explained that extraterritorial obligations arise when a State “may influence situations located outside its territory, consistent with the limits imposed by international law, by controlling the activities of corporations domiciled in its territory and/or under its jurisdiction, and thus may contribute to the effective enjoyment of economic, social and cultural rights outside its national territory”.42 For these reasons, the Guiding Principles similarly apply to States with businesses domiciled in their territory or under their jurisdiction when the activities of those businesses may impact the human rights of people in Myanmar. UN Special Rapporteur on the situation of human rights in Myanmar urged home countries of foreign companies investing and/or operating in Myanmar to ensure they act in line with the Guiding Principles. The Special Rapporteur noted, “It is paramount that international financial institutions, development agencies, States and private investors consider conformity with these standards at all levels prior to implementing projects”. 43 (c) International humanitarian law 29. International humanitarian law regulates armed conflict.44 Common Article 1 to the four Geneva Conventions, to which Myanmar is a party, places a standing obligation on States to “ensure respect” for the Conventions’ protections in all circumstances. This is particularly relevant to the Mission’s investigation into arms transfers. The International Committee of the Red Cross (ICRC) in its authoritative commentary to Common Article 1, explains that the Article 1 obligation requires, inter alia, that States “refrain from transferring weapons if there is an expectation, based on facts or knowledge of past patterns, that the weapons would be used to violate the Conventions”.45 It has been credibly argued that, once 38 39 40 41 42 43 44 45 Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, para. 22 Human Rights Committee, Concluding Observations on the sixth periodic report of Germany (2012), CCPR/C/DEU/CO/6, paragraph 16; Human Rights Committee, Concluding Observations on the sixth periodic report of Canada (2015), CCPR/C/CAN/CO/6, paragraph 6, in which the Committee emphasized, “The State party should (a) enhance the effectiveness of existing mechanisms to ensure that all Canadian corporations under its jurisdiction, in particular mining corporations, respect human rights standards when operating abroad; (b) consider establishing an independent mechanism with powers to investigate human rights abuses by such corporations abroad; and (c) develop a legal framework that affords legal remedies to people who have been victims of activities of such corporations operating abroad.” See E/C.12/2011/1, paragraphs 5 and 6; E/C.12/GC/24, Committee on Economic, Social and Cultural Rights, General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 10 August 2017. E/C.12/GC/24, Committee on Economic, Social and Cultural Rights, General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 10 August 2017, paragraph 26. E/C.12/GC/24, Committee on Economic, Social and Cultural Rights, General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 10 August 2017, paragraph 28. Report of the Special Rapporteur on the situation of human rights in Myanmar, A/HRC/40/68, 5 March 2019, paragraph 16. See, also, Report of the Special Rapporteur on the situation of human rights in Myanmar, A/73/332, 20 August 2018, paragraph 26. For additional information on the application of international humanitarian law in Myanmar, see, A/HRC/39/CRP.2, paragraphs 60-62. Jean-Marie Henckaerts, eds., Commentary on the First Geneva Convention: Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the Field, International Committee of 11