Proposed Arms Trade Decree undermines international obligations
The Flemish Government has finalized a new draft of its Arms Trade Decree. IPIS and Amnesty International are raising serious concerns, as the proposal significantly weakens controls on the international arms trade and fails to meet Flanders’ international obligations. Both organizations are calling on members of parliament to thoroughly revise the draft.
“IPIS and Amnesty International hold one principle as non-negotiable: states must halt arms transfers when there is a clear risk that they contribute to serious human rights violations or violations of international law. Our analysis shows that the new decree undermines this very obligation, in part by exempting certain transactions from government oversight” says Filip Reyniers, director of IPIS.
“We assumed that the Council of State would raise fundamental concerns about the preliminary draft,” says Reyniers. “But unfortunately, an assessment against international law and human rights was not conducted. »
The Council of State’s opinion of April 10, 2026, does indeed include a rather remarkable disclaimer: “given the complexity and the lack of available time, it was not possible to assess compliance with the international, supranational, and intergovernmental regimes governing the international arms trade.”
“That assessment is critical. It is up to Parliament to thoroughly examine whether this decree complies with international obligations. As the Council of State offered only limited guidance, Members of Parliament must assume their responsibility. The parliamentary debate on the decree must not be reduced to a mere formality.” said the director of IPIS.
Less oversight, more risks
The draft proposes a range of rollbacks when compared to the current decree. For example, the draft abolishes strict licensing requirements in some cases, such as transfers related to international cooperation programs. This eliminates not only pre-approval oversight, but often also post-transfer reporting.
In addition, the Flemish Government wants to extend the more flexible rules—which already apply within the European Union—to certain non-EU countries. This raises serious questions about compliance with the UN Arms Trade Treaty (ATT) and EU regulations on arms exports.
Another major concern is the limited oversight of where Flemish military technology and components ultimately end up. Because components are often integrated into larger weapons systems through internationalized production processes, such oversight is already difficult to realize. The draft decree threatens to entrench this regulatory gap through additional exemptions and an expansion of the general license system.
“The Flemish Government is relinquishing its own oversight authority and will have less oversight of certain transfers,” says Wies De Graeve, director of Amnesty International Flanders. “This increases the risk that Flemish companies—whether knowingly or unknowingly—will contribute to serious human rights violations or even war crimes, crimes against humanity, and genocide.”
“Flanders is charting a course that is at odds with its international obligations under the UN Arms Trade Treaty,” adds Filip Reyniers. “But more lenient rules do nothing to eliminate the due diligence that companies themselves must carry out – so for bona fide companies, this relaxation isn’t all good news either. In the current geopolitical context, one could even say that the Flemish government is actually leaving companies more exposed by trying to shy away from its own responsibility.”
Council of State defers decision
According to IPIS and Amnesty, the Council of State’s opinion offers little reassurance. Due to “time constraints and complexity,” a full assessment of the international framework—which is central to this case—was not conducted. “That means fundamental questions about compliance with international law remain unanswered,” says Reyniers. “The Council of State is essentially shifting responsibility to the legislature. Parliament must now step up and ensure that the decree is only approved if it aligns with international standards.”
Irresponsible transfers
“States must have the power to block irresponsible arms transfers. However, this decree creates more loopholes, just at a time when the risks are increasing,” concludes De Graeve. “Amid escalating geopolitical tensions, less oversight is an irresponsible choice. If Belgium professes to champion a rights-based international order, this requires that controls on strategic goods such as military technology be carried out in a prudent and responsible manner. Preventing human rights violations and breaches of international humanitarian law must be a top priority. The current draft falls far short.”
Background
On May 8, 2026, following the advice published by the Council of State, the Flemish Government approved the draft decree regulating the import, export, transit, and transfer of military goods, civilian firearms, essential components, and ammunition (Arms Trade Decree). The draft decree had previously been criticized by civil society organizations. The Flemish Peace Institute also published an advice on the text – without a government request. The draft decree will be submitted to the Flemish Parliament, where hearings are expected to be held.
During the drafting of the current Arms Trade Decree in 2012 and the revision of the same decree in 2017, IPIS and Amnesty International published joint opinions. Both organizations emphasize that the current proposal represents a troubling step backwards compared to the existing legal framework.
IPIS and Amnesty International will publish a legal analysis of the draft decree and disseminate it to the members of the Flemish Parliament.
Photo: Flemish Government headquarters on Martelarenplein in Brussels. Source: Leslie Sachs, CC-BY 2.0.
