War Crimes and the Conduct of Hostilities
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War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation

Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli

Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.
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Chapter 13: Arms transfer and complicity in war crimes

Antonio Leandro


States and intergovernmental organizations (IGOs) have established means to combat the trafficking of arms prohibited under international law as well as the trafficking of conventional weapons whose ultimate use is highly likely to result in a violation of international law or international humanitarian law (IHL). These undertakings concern, among other things, the State’s and the individual’s responsibility for the transfer of weapons as well as for the transfer of the basic materials required for arms making. As far as the prohibited arms are concerned the relevant treaties also prohibit their transfer. For instance Art 1 (1) (b) of the Convention on Cluster Munitions bans inter alia the production, development and direct or indirect transfer of cluster munitions while Art I of the Convention on the Prohibition of Chemical Weapons undertakes the ban of those conducts as well as mandates the destruction of chemical weapons.

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