25 October 2024
Arms exports and access to justice: Enforcing international law through domestic courts
Jacques Hartmann, Lea Köhne and Vincent Widdig | EJIL: Talk!
Read the analysisThis blog article analyses the growing trend of using national legal frameworks to pursue accountability for arms exports where international enforcement mechanisms remain limited. Focusing on recent litigation in Germany, the United Kingdom, France and Denmark, it examines how claimants have sought to challenge arms transfer decisions on the basis of international humanitarian and human rights law. The authors highlight both the potential and the limits of domestic judicial review, including obstacles related to standing, justiciability, and judicial deference to administrative decision-making.