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The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators

David B. Kopel
Independence Institute; Denver University, Sturm College of Law

Paul Gallant
Independence Institute

Joanne D. Eisen
Independence Institute



Penn State Law Review, vol 114, number 3 (2010, forthcoming)

Abstract:     
Advocates of the proposed United Nations Arms Trade Treaty (ATT) promise that it will prevent the flow of arms to human rights violators. This Article first examines the ATT, and observes that the ATT, if implemented as promised, would require dozens of additional arms embargoes, including embargoes on much of Africa. The Article then provides case studies of the current supply of arms to the dictatorship in Zimbabwe and to the warlords in the eastern Democratic Republic of the Congo (DRC). The Article argues that the ATT would do nothing to remediate the conditions which have allowed so many arms to be acquired by human rights violators. The ATT would have no more effective force than the embargoes that are already imposed by the UN Security Council; therefore states, including China, which violate current Security Council embargoes could just as well violate ATT embargoes. Accordingly, the ATT is a distraction, and human rights activists should instead examine alternative methods of addressing the problem of arms in the hands of human rights violators.

Keywords: Arms Trade Treaty, Embargo, Zimbabwe, Democratic Republic of the Congo, Small Arms, Firearms, Human Rights

JEL Classifications: F10, F14, H56, K33, K42

Accepted Paper Series

Date posted: July 23, 2009 ; Last revised: November 19, 2009

Suggested Citation

Kopel, David B., Gallant, Paul and Eisen, Joanne D., The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators (November 18, 2009). Penn State Law Review, vol 114, number 3 (2010, forthcoming). Available at SSRN: http://ssrn.com/abstract=1437204


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Contact Information

David B. Kopel (Contact Author)
Independence Institute ( email )
13952 Denver West Parkway
Suite 400
Golden, CO 80401
United States
303-279-6536 (Phone)
303-279-4176 (Fax)
HOME PAGE: http://www.davekopel.org
Denver University, Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.davekopel.org
Joanne D. Eisen
Independence Institute ( email )
14142 Denver West Parkway
Golden, CO 80401
United States
Paul Gallant
Independence Institute ( email )
14142 Denver West Parkway
Golden, CO 80401
United States
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