The illicit transfer of arms and weapons remains a major driver of mass violence, armed conflict, and human rights abuses. In non-international armed conflicts, the flow of weapons can prolong hostilities, empower armed groups, and reduce the likelihood of peaceful settlements. Importantly, arms transfers may be considered illicit even when authorised under domestic law if there is a clear risk that the weapons will be used to commit violations of international humanitarian law or human rights law, or if they are likely to be diverted to unauthorised actors. A significant challenge lies in the broad discretion afforded to national licensing authorities when conducting export risk assessments. Decisions are often influenced by political and economic considerations, leading to inconsistent implementation of international obligations. Effective assessments should be grounded in evidence of the recipient’s actual conduct and informed by findings from competent international bodies, including investigations mandated by the United Nations Human Rights Council, rather than relying solely on assurances from recipient states. Although all European Union member states have ratified the Arms Trade Treaty, implementation remains uneven, raising concerns about the effectiveness of current arms export controls.
ANTONIO BULTRINI (Wed,) studied this question.