Implications of International Law for a Future Arms Trade Treaty

2011 ◽  
Author(s):  
Annyssa Bellal ◽  
Stuart Casey-Maslen ◽  
Gilles Giacca
Keyword(s):  
International Law ◽  
Arms Trade

scholarly journals ARMS TRADE BETWEEN UNITED KINGDOM WITH SAUDI ARABIA IN YEMEN CONFLICT ASSOCIATED WITH ARMS TRADE TREATY 2014 AND INTERNATIONAL LAW

2020 ◽  
Vol 4 (2) ◽  
pp. 132-153
Author(s):  
Vera Ridhani
Keyword(s):  
Saudi Arabia ◽  
United Kingdom ◽  
International Law ◽  
Arab Countries ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Kingdom ◽  
Arms Trade ◽  
International Law Commission ◽  
Law Commission

Abstract In March 2015, the Saudi-led coalition of nine Arab countries commenced its military operations against the Houthi rebels and the forces loyal to President Saleh. This operation included bombing raids to civilians and civilian objects, a blockade in the Gulf of Aden, which is causing widespread humanitarian suffering in Yemen. During the Yemen conflict, the United Kingdom has issued 152 military licenses and export arms to Saudi Arabia with a value of £ 2,8 billion. The arms exported by the United Kingdom and use of weapons by Saudi Arabia has resulted in serious violation of International Humanitarian Law. Furthermore, the United Kingdom, as a state party to the Arms Trade Treaty 2014, has violated Article 6(3) and Article 7 of the Arms Trade Treaty for exporting the weapons without conducting mitigation risk and assessment. This article aims to analyze the violations of the Arms Trade Treaty caused by the serious violations of International Humanitarian Law, as well as the violations of United Kingdom’s national law and framework governing arms exports. This article also argues that according to the International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, the United Kingdom is responsible for the arms export that has caused damage to Yemen and should carry out compensation as a form of state responsibility. Keywords: Arms Trade Treaty, Export, Transfer   Abstrak Pada Maret 2015, koalisi pimpinan Arab Saudi dan kelompok koalisi melakukan operasi militer melawan pemberontak Houthi dan pasukan yang setia kepada Presiden Saleh. Operasi ini termasuk serangan pemboman terhadap warga sipil dan objek sipil, blokade di Teluk Aden, yang menyebabkan penderitaan kemanusiaan yang meluas di Yaman. Selama konflik Yaman, Inggris telah menerbitkan 152 lisensi militer dan mengekspor senjata ke Arab Saudi senilai £ 2,8 miliar.  Senjata yang diekspor Inggris dan penggunaan senjata oleh Arab Saudi telah mengakibatkan pelanggaran serius Hukum Humaniter Internasional. Lebih lanjut, Inggris sebagai negara pihak Arms Trade Treaty 2014 telah melanggar Pasal 6(3) dan Pasal 7 Arms Trade Treaty karena mengekspor senjata tanpa melakukan mitigasi risiko dan penilaian. Artikel ini bertujuan untuk menganalisis pelanggaran Arms Trade Treaty yang disebabkan oleh pelanggaran serius Hukum Humaniter Internasional, serta pelanggaran hukum nasional Inggris dan kerangka kerja yang mengatur ekspor senjata. Artikel ini juga berpendapat bahwa menurut International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, Inggris bertanggung jawab atas ekspor senjata yang telah menyebabkan kerusakan di Yaman dan harus melakukan kompensasi sebagai bentuk tanggung jawab negara. Kata Kunci: Ekspor, Perjanjian Perdagangan Senjata, Transfer

1 Introduction

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Important Distinction ◽  
Legal Rules ◽  
Arms Trade ◽  
Law Of Armed Conflict ◽  
The Law

This relatively brief chapter introduces the book as a whole. It positions weapons law within the framework of international law in general, and of the law of armed conflict in particular, noting the important distinctions between international and non-international armed conflicts, and between the law on the resort to the use of force and that which regulates the conduct of hostilities. The logical flow of the book is presented, and certain terms that are vital to the ensuing discussion, namely weapons, means of warfare and methods of warfare are explained. The all-important distinction between weapons law and the legal rules that regulate targeting is noted. A concluding section addresses the recently-adopted Arms Trade Treaty.

Weapons and the Law of Armed Conflict

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Full Range ◽  
Armed Conflicts ◽  
Novel Technologies ◽  
Weapon Systems ◽  
Arms Trade ◽  
Logical Sequence ◽  
The Law

This book brings the legal rules governing the use of weapons in armed conflict together into a single volume and interprets and applies those principles and rules to particular weapons technologies. It is the essential reference book for anyone dealing or concerned with the international law applying to weaponry. After relating the historical evolution of weapons law, identifying its sources and discussing the important customary principles that are the foundation of the subject, the book explains to the reader in a logical sequence of chapters how treaty and customary rules apply to particular categories of weapon or to relevant technologies, both traditional and novel. Having explained to the reader how the existing law applies across the full range of weapons technologies, the book discusses how this dynamic field of international law may be expected to develop in the years ahead. This new edition tackles challenging weapons law issues such as the new treaty law on expanding bullets and on the arms trade, novel technologies in the fields of chemistry and biology, the topical controversies associated with autonomous and automated weapon systems, and how law applies to weapons in outer space and to cyber weapons. The law applicable in non-international armed conflicts is summarized; compliance and weapon reviews are carefully explained; and recent international and national military manuals, and other developments in the wider literature, are thoroughly reflected throughout the text.

Gender-Based Violence and the Arms Trade

2020 ◽  
Vol 12 (2) ◽  
pp. 139-155
Author(s):  
Ray Acheson
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Gender Based Violence ◽  
The Rule Of Law ◽  
Arms Trade ◽  
Gender Based ◽  
The Relationship

This article explains gender-based violence (gbv) and the relationship between gbv and the international arms trade. It examines how governments and activists worked together to ensure that the Arms Trade Treaty included a legally binding provision to prevent gbv, and how this provision has been used—or not used—since the Treaty’s adoption in 2013. It also encourages states, arms producers, lawyers, and activists to work to ensure that human lives and wellbeing are prioritised over profits as an imperative to realising the att’s objective and purpose, and to ensuring respect for the rule of law and international law.

THE ARMS TRADE TREATY: ACHIEVEMENTS, FAILINGS, FUTURE

2015 ◽  
Vol 64 (3) ◽  
pp. 569-600 ◽  
Author(s):  
Laurence Lustgarten
Keyword(s):  
International Law ◽  
Detailed Examination ◽  
National Interests ◽  
Arms Trade

AbstractThis article looks at the origins, purposes and conflicts of national interests and policies that were the primary influences in shaping the substance of the Arms Trade Treaty, which came into force at the end of 2014. It then proceeds to a more legally focussed analysis and, having identified several important issues which have had to remain undiscussed, concentrates on detailed examination and evaluation of the most important provisions of substance. These are firstly the scope of the Treaty—defining the equipment or materiel covered (Article 2). There follows analysis of the provisions which contain the obligations on exporting States, ranging from absolute prohibitions (Article 6) to ‘export assessments’ (Article 7), which in practice will be the most frequently applicable. The paper concludes by identifying several valuable provisions in the Treaty whilst also highlighting several significant weaknesses and omissions. It contends that evaluation of the Treaty's likely contribution to controlling the recognized evils of the arms trade is premature at this stage and, further, that efforts towards that end must focus on the practice and law of domestic administrative implementation, rather than international law.

scholarly journals New Directions in Women, Peace and Security

2020 ◽  
Keyword(s):  
International Law ◽  
United Nations Security Council ◽  
War And Peace ◽  
Policy And Practice ◽  
International Policy ◽  
Emerging Trends ◽  
Arms Trade ◽  
New Directions ◽  
Peace And Security ◽  
The Impact

What does gender equality mean for peace, justice, and security? At the turn of the 21st century, feminist advocates persuaded the United Nations Security Council to adopt a resolution that drew attention to this question at the highest levels of international policy. Today the Women, Peace and Security agenda is a complex field, relevant to every conceivable dimension of war and peace. This groundbreaking edited book engages vexed and vexing questions about the future of the agenda, from the legacies of coloniality to the prospects of international law, and from the implications of global arms trade to the impact of climate change. The collection balances analysis of emerging trends with specially-commissioned reflections from those at the forefront of policy and practice.

The Arms Trade Treaty: A Commentary

2016 ◽  
Author(s):  
Clapham Andrew ◽  
Casey-Maslen Stuart ◽  
Giacca Gilles ◽  
Parker Sarah
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Use Of Force ◽  
Regulatory Body ◽  
Humanitarian Law ◽  
Government Officials ◽  
International Human Rights ◽  
Arms Trade ◽  
Conventional Weapons ◽  
International Human

The United Nations Arms Trade Treaty (ATT) became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by states parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. This book explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international co-operation and assistance, and implementation obligations and mechanisms. As states ratify and implement the treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the ATT regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors.

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