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6 - Arms Transfer Complicity Under the Rome Statute
from Part II - Arms Fairs and ‘Flying Money’
- By Tomas Hamilton
Edited by Nina H. B. Jørgensen, University of Southampton
Book:

The International Criminal Responsibility of War's Funders and Profiteers

Published online:

18 September 2020

Print publication:

17 September 2020, pp 148-186
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Summary

From Yemen to Rwanda, Sierra Leone to Cambodia, it has often been claimed that those who supply the weapons that are used to commit genocide, war crimes, and crimes against humanity play a role in bringing about those crimes. An arms trader who knowingly fuels atrocity may be considered morally reprehensible, but is he or she criminally responsible? Modes of accomplice liability in international criminal law prohibit the conduct of individuals involved in the arms trade who assist in the commission of international crimes. However, international criminal tribunals have heard only a small number of cases involving commercial arms transfers. This Chapter examines how the ICC could fit into the existing regulatory landscape of arms transfer conduct in the future, in particular through its mandate to enforce the mode of liability in Article 25(3)(d)(ii) of the Rome Statute.