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

Nina H.B. Jørgensen (Ed.) The International Criminal Responsibility of War’s Funders and Profiteers (Cambridge University Press, Forthcoming 2020).

31 Pages Posted: 15 Jan 2016 Last revised: 13 Oct 2020

See all articles by Dr Tomas Hamilton

Dr Tomas Hamilton

University of Amsterdam - University of Amsterdam Faculty of Law; University of Cambridge - Lauterpacht Centre for International Law; University of Oxford; King’s College London, Dickson Poon School of Law, Students; United Nations Assistance to the Khmer Rouge Trials

Date Written: August 5, 2019

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

Suggested Citation

Hamilton, Dr Tomas, Arms Transfers under Article 25(3)(d)(ii) of the Rome Statute (August 5, 2019). Nina H.B. Jørgensen (Ed.) The International Criminal Responsibility of War’s Funders and Profiteers (Cambridge University Press, Forthcoming 2020). , Available at SSRN: https://ssrn.com/abstract=2715080

Dr Tomas Hamilton (Contact Author)

University of Amsterdam - University of Amsterdam Faculty of Law ( email )

Postbus 15654
1001 ND
Amsterdam, Noord-Holland 1001 ND
Netherlands

University of Cambridge - Lauterpacht Centre for International Law ( email )

Lauterpacht Centre for International Law
5 Cranmer Centre
Cambridge, CB3 9BL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

King’s College London, Dickson Poon School of Law, Students ( email )

Strand
United Kingdom

United Nations Assistance to the Khmer Rouge Trials ( email )

Phnom Penh
Cambodia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
167
Abstract Views
789
rank
216,608
PlumX Metrics