Arms Control

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Complicity in war crimes through (legal) arms supplies?

  German and other corporations whose arms were used in the war in Yemen have been accused of criminally assisting war crimes. The Berlin-based NGO European Center for Constitutional and Human Rights (ECCHR) filed a complaint (a “communication”) to the International Criminal Court (ICC) making this claim with regard to a series of multinational arms companies. But is a criminal complicity possible if exports are licensed by the competent national authorities as is at least the case in Germany? In modern, capitalist industrial societies, businesses create risks on a daily basis – just think of car production and the (fatal) accidents associated with it. However, these risks are regarded as legally permissible as long as certain due diligence standards are upheld. In the case of products that are dangerous per se, stricter standards need to apply. Take for example the case of war weapons where, according to Germany’s Military Weapons Control Act (Kriegswaffenkontrollgesetz, KWKG), the (national) production of these weapons needs to be authorised, and exporting such weapons is subject to further licensing…

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Appealing the High Court’s Judgment in the Public Law Challenge against UK Arms Export Licenses to Saudi Arabia

In May of this year, the Court of Appeal granted leave to appeal the 2017 High Court ruling in Campaign Against the Arms Trade v Secretary of State for International Trade. The case and the High Court’s 2017 judgment have already received some commentary (see here). Simply put, the case concerns a public law challenge…

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What on Earth is Happening to Space Law?

In 2015 and 2017, respectively, the United States of America and Luxembourg enacted bills granting property rights on resources collected in outer space. The potential beneficiaries of these laws are hi-tech companies investing in the exploration and exploitation of space resources. Even though robotized mining of precious metals, rare earths and other raw materials on the Moon or on…

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Customary International Law and the Addition of New War Crimes to the Statute of the ICC

In addition to the activation of the International Criminal Court’s jurisdiction over the crime of aggression (see previous post), the recently concluded Assembly of States Parties (ASP) to the Statute of the ICC, also adopted three amendments adding to the list of war crimes within the jurisdiction of…

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A “Compliance-Based” Approach to Autonomous Weapon Systems

A Group of Governmental Experts (GGE) on the topic of Lethal Autonomous Weapons (LAWS) concluded its first meeting in Geneva on 17 November 2017. The meeting was held under the auspices of the Convention on Certain Conventional Weapons (CCW) and built upon on three informal meetings of experts held between 2014 and 2016 (for reports…

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