Files
Abstract
Can states sell arms to anybody who can pay for them? What, if any, are the rules governing the international arms trade? Can states be held accountable for their arms exports to other states who use these arms to commit war crimes and to violate their human rights obligations, and if so, how? This study introduces the novel concept of arms transfer law, which encapsulates the body of rules that regulate the international arms trade. Arms transfer law aims to maintain international peace and security and prevent human suffering by imposing restrictions on when and to whom states can authorize arms exports. Drawing on international instruments and regional conventions, this study presents an up to date and systematic analysis of the obligations of states under existing international arms transfer law. This study finds that the reason conventional arms continue to be sold to various states and actors that are involved in armed conflicts and commit human rights abuses is due to not only the gaps in implementation, but also the lack of consequences for states that openly violate their obligations under international arms transfer law. In order to address the dual challenge of universal implementation and domestic accountability, this study argues that not only are strong domestic oversight mechanisms essential, but also that non-state actors have an important role to play in the effort towards ensuring universal implementation and domestic accountability of states under arms transfer law.