01 February 2022
Arms transfer prohibitions due to human rights violations abroad
Ariana Naser, Naomi Ramos, Sophie Timmermans, Lisa Van Geesbergen, Lotte Willaert | University of Antwerp Law and DevelopmentRead full paper here
This paper argues that human rights obligations are “relevant” under ATT Article 6(2), which prohibits arms transfer to a state if it “would violate [the said state’s] relevant international obligations under international agreements to which it is a Party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms”. However, it finds that it is currently difficult to establish a violation of binding human rights conventions by the transferring State Party.