Export Control in the Arms Trade Treaty: Can It Have an Impact on the Prevention of Serious Violations of International Humanitarian Law?

Abstract

The export control scheme in the Arms Trade Treaty does not automatically help prevent serious violations of international humanitarian law. Its major challenge is the ambiguity of the terms used in the relevant provision, which allows for great latitude in interpretation by exporting states. Despite this challenge, compared to the extant frameworks, the Arms Trade Treaty is still the most focused export control for the purpose. In order to produce an impact on the serious violations of international humanitarian law, the States Parties to the Arms Trade Treaty should (1) foster transparency in their export control, and (2) adopt a very prudent approach when the importing states are countries of concern.