Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint issues. 289 There was no indication that a human rights impact assessment had been done prior to market entry. Rome Statute crime. Negligence is committed when a person or corporate entity fails to act diligently to avoid causing injury to another. For purposes of the present inquiry, I limit the scope of the tortious corporate involvement in a crime to Rome Statute crimes (genocide, crimes against humanity, war crimes, crime of aggression). These crimes have relatively settled definitions under international law. In contrast, “gross violations” of international human rights law and other similar terms are not clearly defined. 290 The crimes enumerated under Article 7 of the draft BHR treaty can also be substituted here, but in my view Rome Statute crimes present a more convincing framework than the draft BHR treaty’s broader list of offenses. This is because Rome Statute crimes represent the “most serious crimes of concern to the international community as a whole,” 291 which, in turn, would present the most pressing situations for corporations to avoid causing, contributing, or linking their products, services, or operations to. This is more so with respect to the jus cogens norms embodied in the Genocide Convention. 292 A related issue is whether the tort’s applicability in war crimes extends to “armed conflict” situations or the broader concept of “conflict-affected areas.” Again, I subscribe to the Rome Statute standard (i.e., armed conflict) for normative unity. 3. To whom the duty is owed; causation Although the proposed international tort liability is not limited in application to social media platforms but to corporations that generally meet the limitations drawn here, the case of online incitement presents challenging questions for identifying the persons that may be injured by platforms operating in incitement contexts. As mentioned, incitement affects not only users but also non-users. This is consistent with Jeremy Waldron’s view that the harm in hate speech lies in the violence inflicted upon the social fabric that shapes public perception of a vulnerable group, rather than a specific assault on an individual 289. See Su, supra note 235. 290. See Roger-Claude Liwanga, The Meaning of Gross Violation of Human Rights: A Focus on International Tribunals’ Decisions over the DRC Conflict, 44 DENV. J. INT’L L. & POL’Y 67 (2015); Jennifer Zerk, Corporate Liability for Gross Human Rights Abuses: Towards a Fairer and More Effective System of Domestic Law Remedies 27 (2013), https://www.ohchr.org/Documents/Issues/Business/DomesticLawReme dies/StudyDomesticeLawRemedies.pdf [https://perma.cc/2MS6-GL82]. 291. Rome Statute, supra note 6, at pmbl. 292. See Louis de Gouyon Matignon, Jus Cogens in International Law, SPACE LEGAL ISSUES (Sept. 1, 2019), https://www.spacelegalissues.com/juscogens-in-international-law/ [https://perma.cc/R8EK-H5LY]. 193