The Arms Trade and International Criminal Law

NOTE EDITORE

Despite the establishment of UN embargoes, the Arms Trade Treaty (ATT), and the EU Common Position, arms export regulation suffers from significant legal and practical limitations. This book critically evaluates the existing body of 'Arms Trade Law', highlighting its inadequacies in preventing weapons from reaching perpetrators of mass violence. Drawing on interviews, participant observation, and empirical research to assess the perspectives of judges and lawyers, it also explores the International Criminal Court's narrow focus on prosecuting political and military leaders. Arguing that institutional attitudes and commitments contribute to a legal culture that obscures the potential for an arms trader case, the book illustrates these dynamics through a case study of the UN Security Council's response to the Second Congo War and the ICC's investigations in the DRC Situation, elucidating missed opportunities to enforce accountability against the entire spectrum of actors responsible for international crimes. Through detailed examination of the arms trade's complexities, The Arms Trade and International Criminal Law foregrounds the structural causes of atrocity and argues for broader accountability. It investigates how individuals-including corporate executives, state officials, and arms traffickers-can be held directly accountable for atrocities under international law, even when their actions are geographically or causally distant from the violence itself. Furthermore, by advancing a specific interpretation of the actus reus and mens rea elements of accomplice liability under Article 25 of the Rome Statute, this book argues for a robust legal basis upon which the ICC can prosecute arms traders. It therefore underscores how international criminal law can complement existing regulations by leveraging its expressive function to condemn all those who profit from atrocity.

SOMMARIO

1 - Introduction2 - Complementing Export Regulation with Criminal Accountability3 - 'Arms Trade Law' and the Potential of International Justice4 - The Actus Reus of a Complicit Arms Transfer5 - The Mens Rea of a Complicit Arms Transfer6 - Observing ICC Legal Culture on the Arms Trade7 - Imagining the Arms Trade in ICC Case Selection8 - Investigating the Arms Trade in the Second Congo War9 - Overlooking Arms Brokers in the ICC's Situation in the DRC10 - Conclusion

AUTORE

Tomas Hamilton is an international lawyer at Guernica 37 Chambers in London and Adjunct Professor at the University of Amsterdam. He specialises in international human rights and criminal law. Tomas holds a BA (Hons) from the University of Oxford, an LLB from the College of Law, an LLM from the University of Cambridge, and a PhD in Law from King's College London. He was called to the Bar of England and Wales in 2011. Tomas has worked as a Human Rights Officer at the UN Fact-Finding Mission on Venezuela, Senior Legal Consultant at the UN Assistance to the Khmer Rouge Trials (UNAKRT) at the Extraordinary Chambers in the Court of Cambodia (ECCC), Associate Legal Officer at the International Criminal Court (ICC) in The Hague, and at a leading criminal law firm in London.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780192868671
• Collana: Oxford Monographs in International Humanitarian & Criminal Law
• Dimensioni: 240 x 20.0 x 165 mm Ø 538 gr
• Formato: Copertina rigida
• Pagine Arabe: 256