Should They Go, or May They Stay: Companies in Aggressor States

Abstract

In response to Russia’s war of aggression and the accompanying human rights violations in Ukraine, several scholars have called for all multinational companies to divest and leave the country; otherwise, they become accomplices to the aggressor. This article reconstructs the arguments in favor of this general call. The first contribution of this article is to extend complicity theory to the context of crimes of aggression and atrocities to promote this demand. Although this extension of complicity theory ensures internal coherence, the call for a general divestment of all companies is tantamount to comprehensive economic sanctions. In contrast, recent developments in sanction theory as part of just war theory suggest that targeted sanctions are the legitimate sanctions that states prefer. Therefore, the second contribution is to evaluate sanctions morally and analyze and discuss the moral implications of three categories of goods and services (sanctioned, essential, and nonessential). This discussion shows no moral justification for a general call for all companies to leave an aggressor state. Companies have moral obligations to comply with legitimate sanctions, moral duties concerning essential goods, and moral permissions concerning nonessential goods.