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Analysis

Take a look through external analysis of cases documented by this initiative as well as broader commentary on issues related to arms trade litigation. Use the filters to search for opinion pieces and academic journals, as well as podcasts, live events and more.

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06 December 2021

A Clear Risk of What? The Egyptian Navy, the Dutch Arms Export Policy and Linguistic Inconsistencies in the EU Common Position

Joƫlle Trampert | Rethinking SLIC

This blog post reflects on the inconsistencies in the interpretation of the Common Position by English and Dutch Courts, namely the notion of clear risk.

05 November 2020

Are Courts Going to Set a Higher Standard for Human Rights Due Diligence in Arms Exports?

Hans Lammerant (Vredesactie) | First published in IPIS

This article provides a critical overview of the trends in Belgian jurisprudence regarding arms export risk assessment decisions by the government.

20 January 2020

Complicity in War Crimes through (Legal) Arms Supplies?

Kai Ambos | EJIL:Talk!

This blog post considers whether criminal complicity under international law is possible when exports are licenced by national authorities, in light of the communication to the ICC OTP and with a particular focus on the German system.

14 January 2020

Extraterritorial Obligations of Arms Exporting Corporations: New Communication to the ICC

Marina Aksenova and Linde Bryk | Opinio Juris

This blog post provides explanation and analysis of two central aspects of the submission to the Office of the Prosecutor, namely its focus on corporate actors and the interpretation of complicity of corporate actors under the Rome Statute.

19 January 2018

Comment: Canada's Trade-off between Arms and Human Rights

James Hendry | Philippe Kirsch Institute Global Justice Journal

This article provides a comprehensive and detailed overview of the first two challenges launched by Professor Daniel Turp in 2016 and 2018 respectively, with particular focus on the evidence which came to light between the first and second challenge.

11 August 2016

The Public Interest Litigation Project Case against Arms Trade

Jelle Klaas and Merel Hendrickx (PILP) | Humboldt Law Clinic Blog

This blog post provides a critical overview of the 2016 case submitted by PILP as part of a group of NGOs that sought to challenge arms export licensing decisions by the government.