CORPORATE COMPLICITY IN CONFLICT ZONES: LEGAL IMPLICATIONS OF GOOGLE’S ACQUISITION OF WIZ UNDER INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW

This article investigates the evolving doctrine of corporate complicity in international law through the lens of Google’s $32 billion acquisition of Wiz, an Israeli cybersecurity firm with reported ties to military intelligence. Amid allegations of international humanitarian law (IHL) violations, the article seeks to inquire whether such a corporate transaction could constitute a crime under International Criminal Law (ICL). While the Rome Statute currently excludes corporate entities from direct prosecution, this paper argues that despite the Rome Statute’s exclusion of corporate entities from direct prosecution, a framework for indirect corporate liability can still be established under existing principles of aiding and abetting. Further, an amendment to the Statute could change the entire scenario. It analyses actus reus, mens rea, and proximity to assess proximity. The analysis synthesizes ICL, IHL, and the UN Guiding Principles on Business and Human Rights (UNGPs) to outline the legal obligations of businesses in conflict with laws. It further evaluates the varied types of complicity via case laws and soft law instruments.  Applying this framework to the Google-Wiz case, the article identifies the areas of potential legal exposure and moral risk. It critiques the gaps in the Rome Statute and legally binding Zero Draft Treaty, proposing reforms to strengthen the current legal framework. Ultimately, this paper underscores the urgent need for a more enforceable legal regime for corporate complicity.