Arms Transfers under Article 25(3)(d)(ii) of the Rome Statute

Abstract

From Rwanda to Yemen, Syria to Cambodia, it is often claimed that individuals who transfer arms to the perpetrators of genocide, war crimes and crimes against humanity are morally blameworthy for those crimes. An arms supplier who knows that she is fueling atrocity may be widely considered reprehensible as a ‘profiteer of war’ but the question of whether her individual actions and behaviours in participating in the transfer (referred to here as ‘arms transfer conduct’) are criminal is open to discussion. Despite the existence of international and domestic arms trade regulations, a largely unchecked flow of weapons has facilitated the mass atrocities of the twentieth century, and today, a situation of impunity persists. In this context, international criminal law provides an alternative legal regime to hold accountable individuals who transfer weapons in the knowledge that they are contributing to the commission of an international crime.

Keywords: International Criminal Court, International Criminal Law, Arms Trade, Arms Trade Treaty, International Crimes