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Corporate Power, Conflict and Transitional Justice: Addressing Business Human Rights Abuses in the Digital Era

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  • Smart, Sebastian

Abstract

This article examines how concentrated corporate power in the technology sector reshapes repression and human rights harm, arguing that an integrated Business and Human Rights (BHR) and Transitional Justice (TJ) approach is needed. It identifies three persistent gaps in BHR practice—regulatory fragmentation, limited access to remedy and Global North dominance—and demonstrates how TJ principles, particularly victim-centred participation, Global South leadership and transformative reparations, can address these challenges. Drawing on Latin American experiences with truth-seeking, reparations and corporate accountability, the article develops a hybrid BHR–TJ framework designed to confront power asymmetries, strengthen remedies and embed guarantees of non-repetition in global governance. The argument positions this integration as a forward-looking response to the structural harms of the digital economy, offering tools to move beyond proceduralism towards systemic corporate accountability. By combining BHR’s regulatory tools with TJ’s participatory and transformative approaches, the article contributes a novel accountability model for the digital era.

Suggested Citation

  • Smart, Sebastian, 2025. "Corporate Power, Conflict and Transitional Justice: Addressing Business Human Rights Abuses in the Digital Era," Business and Human Rights Journal, Cambridge University Press, vol. 10(2-3), pages 318-334, October.
  • Handle: RePEc:cup:buhurj:v:10:y:2025:i:2-3:p:318-334_
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