African countries face an ongoing threat from the consequences of unregulated arms brokering but this cannot be solved by remedial action in Africa alone. Cases show that criminal justice and United Nations Security Council responses to mass atrocities and other serious violations of international law can sometimes ensure accountability and expose the complicity of those involved in international trading, brokering and shipping of arms used by the perpetrators.<\/p>\n
However, every state also has a responsibility in the first place to prevent such complicity by strictly regulating the conduct of those involved in the arms trade and cooperating with other states to do so. To be effective, both reactive and proactive approaches require a considerable investment of resources, political will and international cooperation, especially in relation to arms brokering which can involve an opaque and complex network of transnational arrangements. Private arms brokers often operate transnationally, moving themselves, their company registrations and sub-contracting arrangements from one country to another to seek financial advantages and gaps in the law without necessarily taking the arms into their physical possession.<\/p>\n
The newly established Arms Trade Treaty (ATT) obligates its 110 state parties to regulate arms brokering but leaves open the choice of specific means of regulation and how to define the term \u201cbrokering.\u201d Specific standards and procedures for cooperation to regulate the brokering of firearms, or small arms and light weapons, have been established by states at regional and multilateral levels, but national legislation and actual law enforcement and cooperation amongst most African states still lag far behind those in most other world regions or are absent, exposing African populations to further risks from unregulated arms brokering.<\/p>\n
Nevertheless, demand for commercial brokering services has risen over recent decades because of increasingly differentiated markets between exporters and importers for a wider range of products used in the defence and law enforcement sectors. One challenge for state regulation is how to differentiate effectively between \u201cgaining a benefit\u201d, whether financial or otherwise, for a legitimate brokerage service and the \u201ctaking of a bribe\u201d. That difference has to be defined in national laws and regulations, as well as in accordance with the State\u2019s international obligations. Active and passive corruption in the private sector is a criminal offence in many States. Controls are more difficult when transnational brokering activities are used by governments and their security agencies for covert operations, leading to the creation of \u201cgrey\u201d markets in weapons, ammunition and related goods whereby the transfers are initially \u2018authorised\u2019 but nevertheless violate the laws of other states or international law as a consequence.<\/p>\n
Problems associated with arms brokering are highlighted in a new chapter\u00a0published in the Ethiopian Yearbook of International Law (December 2020) entitled \u201cAfrica and the Regulation of Transnational Arms Brokering: Challenges to Implement International Standards.\u201d (*) This puts forward the case for preventive measures, and not simply post-facto prosecutions, by African states as well as other states trading with African countries. The chapter first outlines the main treaty obligations that address arms brokering (Sect. 2), then looks at the various interpretations of the term \u2018brokering\u2019 as used in the international instruments (Sect. 3, with the aid of an annex). After that, the analysis provides examples of UN arms embargo investigations involving brokering (Sect. 4), and then examines recent cases of criminal prosecution involving transnational arms brokering activities (Sect. 5). Finally, the chapter makes some concluding remarks point to lessons that could be learned regarding the development of national regulations and international cooperation consistent with, but going beyond, the treaty obligations (Sect. 6).<\/p>\n
Brian Wood & Peter Danssaert<\/p>\n
(*) Wood B., Danssaert P. (2020). \u201cAfrica and the Regulation of Transnational Arms Brokering: Challenges to Implement International Standards\u201d. In: Yihdego Z., Desta M.G., Hailu M.B. (eds)\u00a0Ethiopian Yearbook of International Law 2019. Springer: Cham.<\/p>\n
https:\/\/link.springer.com\/book\/10.1007\/978-3-030-55912-0<\/a><\/u><\/p>\n How Does the Government Learn About Export Violations?<\/a> | 23 February 2021 | WilliamsMullen | JD Supra<\/span><\/p>\n One of the most enduring questions of business executives and export professionals is how does the government learn about export violations? If my company has a possible violation, what are the chances that the government will discover it and want to take further action?<\/span><\/p>\n Transparency International: Most Defence Companies in The World Do Little to Combat Graft<\/a> | 10 February 2021 | OCCRP<\/span><\/p>\n Transparency International revealed on Tuesday that nearly three quarters of the world\u2019s largest defence companies show minimum or no commitment to tackling corruption, wasting this way huge amounts of the nearly US$2 trillion of public money spent only in 2019 on militaries.<\/span><\/p>\n 2020 Year-End Sanctions and Export Controls Update<\/a> | 5 February 2021 | Gibson Dunn LLP<\/span><\/p>\n 2020 was a uniquely uncertain and perilous year. Within the world of international trade, the steady increase in the use of sanctions and export controls\u2014principally by the United States but also by jurisdictions around the world\u2014proved to be a rare constant. In each of the last four years, our annual year-end Updates have chronicled a sharp rise in the use of sanctions promulgated by the U.S. Department of the Treasury\u2019s Office of Foreign Assets Control (\u201cOFAC\u201d), as well as growing economic tensions between the United States and other major world powers. <\/span><\/p>\n The future of conventional arms control<\/a> | 15 January 2021 | Policy Forum<\/span><\/p>\n A humanitarian approach is needed if policymakers are to control the flow of weapons around the world, Stephanie Koorey and Loren Persi Vicentic write.<\/span><\/p>\n Gun violence and human rights: Seeking a comprehensive solution<\/a> | 22 February 2021 | Washington Magazine<\/span><\/p>\n America’s insistence on gun rights is violating its citizens international human rights. Law experts talk about what the United States can do about the gun violence crisis.<\/span><\/p>\n Another Year of Impunity in Yemen<\/a> | 6 January 2021 | Mwatana | ReliefWeb<\/span><\/p>\n From January 1 to 31 december 2020, Mwatana for Human Rights documented about 1020 incidents of harm to civilians and civilian objects in Yemen in which more than 900 civilians were killed and injured, Mwatana said today in its annual briefing on the human rights situation in Yemen. The incidents documented across the country were committed by the Ansar Allah (Houthi) group, the Saudi\/UAE-led coalition, the forces of the internationally recognized government of President Abd Rabbu Mansour Hadi and armed groups loyal to it, the UAE-backed Southern Transitional Council and the UAE-backed Joint Forces on the Western Coast, and Saudi ground forces.<\/span><\/p>\n Lethal airstrikes in Yemen \u2018left off\u2019 confidential UK record<\/a> | 3 January 2021 | The Guardian<\/span><\/p>\n The government is under pressure to explain why a series of air strikes in Yemen, many involving civilian casualties, have not been recorded in its confidential log of alleged breaches of international humanitarian law (IHL).<\/span><\/p>\n How ammunition proliferation fuels insecurity in Nigeria <\/span><\/a>| 24 February 2021 | The Guardian (Nigeria)<\/span><\/p>\n Nigerian government can be very touchy when it comes to the performance of the country\u2019s economy. In its effort to project an image of Nigeria as the leading heavyweight on the continent, despite its huge and growing insecurity problems, the Nigerian government is not taking any negative statements about its economic growth lying down.<\/span><\/p>\n Zuma Risks Arrest After Defying South Africa Corruption Inquiry<\/span><\/a> | 15 February 2021 | NYT<\/span><\/p>\n The former South African president, tainted by corruption scandals, refused to appear before an inquiry panel. The panel\u2019s leader said he would seek an order to imprison Mr. Zuma for contempt.<\/span><\/p>\n Egypt unveils another Temsah APC model<\/span><\/a> | 5 February 2021 | DefenceWeb<\/span><\/p>\n Egypt has revealed another version of its Temsah (Crocodile) series of armoured personnel carriers (APCs).<\/span><\/p>\n Hensoldt South Africa acquires Tellumat\u2019s air traffic management and defence business units<\/span><\/a> | 5 February 2021 | Hensoldt Optronics | DefenceWeb<\/span><\/p>\n Acquisition of business units of South African electronics and solution provider to complement Hensoldt\u2019s portfolio and expand footprint in Africa.<\/span><\/p>\n Hensoldt South Africa showcases diverse portfolio with capability demonstration<\/span><\/a> | 5 February 2021 | Hensoldt Optronics | DefenceWeb<\/span><\/p>\n Hensoldt South Africa recently treated delegates to a demonstration day with a view. Against the backdrop of South Africa\u2019s capital city, we showcased our vast spectrum dominance, optronics and radar capabilities.<\/span><\/p>\n Angola receives final K-8W jets from China<\/span><\/a> | 5 February 2021 | DefenceWeb<\/span><\/p>\n The Angolan Air Force has received the last six of 12 K-8W jets from China, which delivered the aircraft for pilot training.<\/span><\/p>\n RDM receives aircraft bomb order from Asia as it expands bomb lineup<\/a> | 4 February 2021 | DefenceWeb<\/span><\/p>\n Rheinmetall Denel Munition (RDM) has secured an additional R40 million contract for the supply of aircraft bombs to an Asia-Pacific customer, after receiving a number of contracts over the last several years.<\/span><\/p>\n NATO customer awards Rheinmetall multimillion-euro contract for artillery ammunition and propelling charges<\/a> | 4 February 2021 | Rheinmetall Denel Munition | DefenceWeb<\/span><\/p>\n A NATO customer has awarded Rheinmetall an order for modern artillery ammunition. The Group\u2019s South African subsidiary, Rheinmetall Denel Munition, will supply several thousand conventional and extended-range artillery shells of the Assegai family (base bleed and V-LAP) as well as M92 Assegai tactical modular charges. Delivery commenced in December 2020 and is to be complete by May 2021. The order is worth around \u20ac25 million.<\/span><\/p>\n Rheinmetall Denel Munition \u2013 the future system house of mortar<\/a> | 4 February 2021 | Rheinmetall Denel Munition | DefenceWeb<\/span><\/p>\n Rheinmetall Denel Munition received a multi-million rand contract to manufacture and supply various natures of the conventional 60mm and 60mm long-range mortar ammunition to the South African Army. The natures include High Explosives, Practice, Illumination and Smoke Burst Screening Smoke Mortar Cartridges. The delivery will be carried out within 12 months.<\/span><\/p>\n RDM awarded multi-million follow on contract for plastic explosives<\/a> | 4 February 2021 | Rheinmetall Denel Munition | DefenceWeb<\/span><\/p>\n On 9 May 2020, the South African based arms manufacturer, Rheinmetall Denel Munition, was awarded a follow on contract worth almost 100 million rand for plastic explosives PE9.<\/span><\/p>\n Rheinmetall supplies South African National Defence Force with new 40 mm medium-velocity ammunition<\/a> | 4 February 2021 | Rheinmetall Denel Munition | DefenceWeb<\/span><\/p>\n Rheinmetall is supplying the South African military with new 40mm medium-velocity ammunition, underscoring its role as the world\u2019s leading one-stop-shop for 40mm ammunition systems. In October 2020 Rheinmetall Denel Munition officially completed Project Kamogelo on behalf of the South African Department of Defence, Armscor and the South African Army.<\/span><\/p>\n Turkey Enters Tunisia\u2019s Weapons Market With Combat-Proven Arms: A Technical and Strategic Assessment<\/span><\/a>| 29 January 2021 | Terrorism Monitor | The Jamestown Foundation<\/span><\/p>\n In late 2020, Turkey finally secured a lucrative arms sale package to Tunisia after a long period of negotiations. The $150 million portfolio, which attracted key players of the Turkish defense technological and industrial base, such as Turkish Aerospace Industries (TUSAS) and British Motor Corporation (BMC), will mean more than only defense revenues for Turkey (TRT Haber, 24 december 2020). It will additionally mark Turkish weaponry\u2019s entrance into the Tunisian market against the backdrop of Ankara\u2019s geopolitical quests in North Africa, which has become a geopolitical flashpoint encompassing various forms of militancy, transnational terrorism, and proxy warfare.<\/span><\/p>\n Nigerian Air Force partners with Hungary on training and equipment<\/a> | 25 January 2021 | DefenceWeb<\/span><\/p>\n The Nigerian Air Force (NAF) has strengthened ties with Hungary, which will help the service with fighter pilot training, the operation and maintenance of Intelligence Surveillance and Reconnaissance (ISR) cameras and more.<\/span><\/p>\n RDM fulfilling another large artillery ammunition contract<\/a> | 25 January 2021 | DefenceWeb<\/span><\/p>\n Rheinmetall Denel Munition (RDM) has been awarded a multi-million euro contract for artillery ammunition and propelling charges from a NATO customer, and began deliveries last month.<\/span><\/p>\n KDF to buy 118 top military vehicles to fight al Shabaab<\/a> | 25 January 2021 | The Star<\/span><\/p>\n The Department of Defence is set to procure 118 Armored Personnel Carriers from Turkey.<\/span><\/p>\n Le Maroc a doubl\u00e9 ses achats d\u2019armes am\u00e9ricaines : de 4 milliards de dollars \u00e0 8 milliards en 2020<\/a> | 22 January 2021 | Lecourrier-du-soir.com<\/span><\/p>\n Les ventes d\u2019armes am\u00e9ricaines au Maroc ont doubl\u00e9 en 2020, d\u2019apr\u00e8s un rapport du gouvernement am\u00e9ricain consult\u00e9 par Lecourrier-du-soir.com<\/span><\/p>\n Ethiopia operating Chinese mobile bridges<\/a> | 21 January 2021 | DefenceWeb<\/span><\/p>\n Ethiopia\u2019s military appears to have acquired a number of mobile bridges from China.<\/span><\/p>\n Nigerian Army operating Isotrex armoured vehicles<\/span><\/a> | 20 January 2021 | DefenceWeb<\/span><\/p>\n The Nigerian Army has acquired yet another armoured vehicle type to fight the Boko Harm insurgency, with new images revealing Isotrex Phantom II armoured personnel carriers in service.<\/span><\/p>\n As repression in Egypt increases, so does UK cooperation with its regime<\/span><\/a> | 19 January 2021 | Daily Maverick<\/span><\/p>\n Ten years on from the Arab Spring, the UK government\u2019s relationship with a brutal regime in Egypt goes from strength to strength, as the country witnesses its worst human rights crisis in modern history, under Abdel Fattah al-Sisi.<\/span><\/p>\n Nigerian Army orders another 52 Ezugwu armoured vehicles<\/span><\/a> | 18 January 2021 | DefenceWeb<\/span><\/p>\n The Nigerian Army has ordered another 52 locally produced Ezugwu mine-resistant, ambush protected (MRAP) vehicles from the Defence Industries Corporation of Nigeria (DICON), which will produce the vehicles by the third quarter of this year.<\/span><\/p>\n Uganda revealed as Hizir APC customer<\/span><\/a> | 14 January 2021 | DefenceWeb<\/span><\/p>\n Uganda is the previously undisclosed customer for Hizir armoured personnel carriers (APCs) from Turkey\u2019s Katmerciler, which shipped the vehicles last year.<\/span><\/p>\n Mali receives additional Mi-35 attack helicopters<\/span><\/a> | 14 January 2021 | DefenceWeb<\/span><\/p>\n Mali\u2019s Air Force has taken delivery of another two Mi-35 attack helicopters from Russia, as part of a 2016 order for four.<\/span><\/p>\n How the West supports Egypt\u2019s military dictatorship<\/a> | 8 January 2021 | OpenDemocracy<\/span><\/p>\n While human rights groups condemn President al-Sisi\u2019s regime, he receives European arms deals, American aid, and even France\u2019s greatest honour.<\/span><\/p>\n US sells $200m in weapons to Egypt despite human rights abuses<\/a> | 17 February 2021 | al Jazeera<\/span><\/p>\n The United States approved an arms sale worth nearly $200m to Egypt but vowed to press human rights issues after an American activist reported his family had been harassed.<\/span><\/p>\n BIS Amends the EAR to Enhance Certain End-Use and End-User Controls as well as Controls on Certain Activities of US Persons<\/a> | 16 February 2021 | Baker McKenzie<\/span><\/p>\n On 15 januari 2021, the Commerce Department\u2019s Bureau of Industry and Security (\u201cBIS\u201d) published an interim final rule (\u201cRule\u201d) amending various provisions of the Export Administration Regulations (\u201cEAR\u201d) to implement certain provisions of the Export Control Reform Act of 2018 (\u201cECRA\u201d). Among other things further outlined below, the Rule imposes new restrictions on specific activities of US persons.<\/span><\/p>\n Iconic Colt Becomes Key for Czech Gunmaker\u2019s U.S. Expansion<\/a> | 15 February 2021 | Bloomberg<\/span><\/p>\n Czech firearms producer Ceska Zbrojovka Group SE said the acquisition of rival Colt Holding Company LLC will help it meet rapidly growing demand in the key North American market.<\/span><\/p>\n Le projet de loi sur les armes d’assaut serait d\u00e9pos\u00e9 mardi<\/a> | 13 February 2021 | Radio Canada<\/span><\/p>\n Le gouvernement lib\u00e9ral devrait d\u00e9poser mardi prochain un projet de loi visant \u00e0 renforcer le contr\u00f4le des armes \u00e0 feu dites \u00ab d’assaut \u00bb, comprenant un programme de rachat, qui serait volontaire.<\/span><\/p>\n U.S. Army receives Next Generation Squad Weapon System from Sig Sauer<\/a> | 7 February 2021 | Defence-blog<\/span><\/p>\n The final delivery of the Sig Sauer\u2019s prototypes of Next Generation Squad Weapons systems, or NGSW, designed to replace M249 and M4A1, has been delivered to the U. S. Army.<\/span><\/p>\n A Primer on Canadian Sanctions Legislation<\/a> | 26 January 2021 | Blake, Cassels & Graydon LLP | JD Supra<\/span><\/p>\n Canada, like other major jurisdictions, has a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations.<\/span><\/p>\n One Administration to the Next: Changes Affecting U.S. Sanctions and Export Controls<\/a> | 25 January 2021 | Bryan Cave Leighton Paisner LLP<\/span><\/p>\n While the Trump Administration ended with a continuing flurry of activity affecting U.S. sanctions and export controls, with several actions affecting parties in China and Hong Kong, the Biden Administration is taking a slower approach to changes regarding a range of export control and economic sanctions measures. <\/span><\/p>\n Protesters block trucks at Hamilton company, want Canada to stop selling arms used in Yemen<\/a> | 25 January 2021 | CBC<\/span><\/p>\n A group of Hamilton anti-war demonstrators blocked trucks this morning at a Stoney Creek transportation firm in protest of what they say is trade that’s fuelling the war in Yemen.<\/span><\/p>\n Two Malaysian Nationals Plead Guilty to Illegally Exporting Firearm Parts to Hong Kong<\/a> | 22 January 2021 | U.S. Department of Justice<\/span><\/p>\n Two Malaysian nationals pleaded guilty today in federal court in Boston to conspiring to illegally export firearm parts from the United States to Hong Kong.<\/span><\/p>\n U.S. Arms Sales to Middle East Ballooned During Yemen War<\/a> | 20 January 2021 | DefenseWorld<\/span><\/p>\n Aircraft, missiles & munitions dominate U.S. arms sales to the Middle East which ballooned during 2015-20, coinciding with the war in Yemen. Sales of military aircraft overwhelmingly dominate U.S. arms sales to Middle Eastern countries followed by missiles and munitions for the 2015-2020 periods.<\/span><\/p>\n Toward A More Responsible US Arms Trade Policy: Recommendations for the Biden-Harris Administration<\/a>| 19 January 2021 | Just Security<\/span><\/p>\n In recent years, U.S. arms sold and transferred abroad have been used to commit gross violations of human rights and international humanitarian law (IHL) and fueled widespread civilian harm, corruption, and humanitarian crises in countries from Yemen and Egypt to Nigeria and the Philippines. The Trump administration has made U.S. complicity in such harm the norm, regularly promoting arms transfers to corrupt, rights-abusing, authoritarian governments in a militarized approach to foreign policy that has undermined human rights and that few Americans believe makes the country any safer.<\/span><\/p>\n Sanctions am\u00e9ricaines contre la Syrie : le D\u00e9partement du Tr\u00e9sor am\u00e9ricain (OFAC) impose une amende civile de 8,57 millions de dollars \u00e0 l\u2019UBAF<\/a> | 18 January 2021 | Le monde du droit<\/span><\/p>\n L\u2019Union de banques arabes et fran\u00e7aises (UBAF) dont le Cr\u00e9dit Agricole CIB est l\u2019actionnaire principal \u00e0 hauteur de 47% s\u2019est engag\u00e9e \u00e0 payer plus de 8 millions de dollars au bureau D\u00e9partement du Tr\u00e9sor am\u00e9ricain (OFAC) pour mettre un terme \u00e0 5 ans d\u2019enqu\u00eates sur des violations d\u2019embargos contre la Syrie. <\/span><\/p>\n BIS Lifts Anti-Terrorism Export Controls on Sudan<\/a> | 18 January 2021 | Kelley Drye & Warren LLP | JD Supra<\/span><\/p>\n Effective 14 januari 2021, the Bureau of Industry and Security (\u201cBIS\u201d) announced amendments to Export Administration Regulations (\u201cEAR\u201d) to implement the rescission of Sudan as a State Sponsor of Terrorism. The U.S. Department of State removed Sudan\u2019s designation effective 14 december 2020.<\/span><\/p>\n U.S. Government Sanctions Chinese and Russian Entities and Creates New Military End User List<\/a> | 14 January 2021 | Dorsey & Whitney LLP | JD Supra<\/span><\/p>\n US Commerce Department issues \u201cMilitary End User\u201d List<\/a> | 8 January 2021 | White & Case LLP | JD Supra<\/span><\/p>\n Rounding out an already-intense 2020, the U.S. Department of Commerce\u2019s Bureau of Industry and Security (\u201cBIS\u201d) issued three notices in December that expanded export sanctions and restrictions against Chinese, Russian, and other enterprises and institutions accused of engaging in activities contrary to U.S. interests. <\/span><\/p>\n Lawsuit threatens $23B weapons sale to UAE<\/a> | 13 January 2021 | DefenseNews<\/span><\/p>\nGENERAL<\/span><\/h1>\n
INTERNATIONAL (HUMANITARIAN) LAW \/ HUMAN RIGHTS LAW<\/span><\/h1>\n
AFRICA<\/span><\/h1>\n
AMERICAS<\/b><\/span><\/h1>\n