State responsibility for authorizing private arms exports : expanding the substantive obligation under Common Article One to the four Geneva Conventions
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Southwestern journal of international law, Vol. 27, no. 1, 2021, p. 206-226
Most States are not willing to ratify a treaty obligating them to investigate the commission of war crimes before authorizing arms deals. The only feasible alternative is to advocate for a more expansive definition of existing international treaties that will obligate States to investigate war crimes and cease the private export of arms. The article proceeds to analyze the UK Court of Appeals’ Campaign Against Arms Trade (CAAT) judgment, which it describes as a major step towards expanding current treaty obligations to address this issue.
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