EU scrutinises arms export controls as focus shifts to supply chain accountability

Today, EU stakeholders, including Asser Institute researcher León Castellanos-Jankiewicz, are meeting in Brussels to discuss export controls for conventional arms during the Working Party on Conventional Arms Exports (COARM). Intergovernmental bodies are increasingly focusing on supply chain accountability to ensure responsible arms trade. Castellanos-Jankiewicz: “It will be interesting to see how states interpret their obligations to conduct risk assessments prior to deciding on exports.”  

Today, EU stakeholders are meeting in Brussels to discuss export controls for conventional arms during the Working Party on Conventional Arms Exports (COARM). Asser Institute researcher León Castellanos-Jankiewicz will attend the COARM-NGO Forum to share expertise about export control policies. Castellanos-Jankiewicz, who has been following procedures in the United Nations and the European Union, thinks that “stakeholders are ready to try something new.” 

On paper, the regulations governing the arms trade prohibit exporting weapons if there's a clear risk they'll be used to violate international humanitarian law (IHL) or international human rights law (IHRL). However, in reality, arms and related services are still exported to countries where they're used to commit a wide range of human rights abuses, potentially including war crimes and crimes against humanity. Castellanos-Jankiewicz: “This underscores the need to implement existing legal frameworks to ensure human rights compliance of the defense sector.” 

Human rights violations 
The arms industry is increasingly being carved out from mandatory human rights due diligence obligations in national legislation and European Union regulations. The UN Working Group on Business and Human Rights, for instance, has recognised that “arms products and services are still exported to States where they are used to commit a wide variety of human rights violations”. 

To prevent this, the focus is shifting from states and arms manufacturers towards ensuring the accountability of multiple actors across the supply and value chains. Researcher León Castellanos-Jankiewicz: “The role of non-state actors is now taken very seriously. Businesses that facilitate trade in weapons such as export credit agencies and financial institutions are increasingly under the lens”. 

Researcher Castellanos-JankiewiczUN Firearms Protocol 
Earlier this month, Castellanos-Jankiewicz delivered a presentation at the UN Working Group on Firearms on the implementation of the Firearms Protocol of the UN Convention against Transnational Organized Crime. The treaty sets out to criminalise international firearms trafficking. Castellanos-Jankiewicz: “My goal with that speech was to show states-parties that they can use the treaty to hold non-state actors accountable.”  

Together with researcher Antonio Guzmán Mutis, Castellanos-Jankiewicz also participated as panelist at the UN Constructive Dialogues on Firearms, where he delivered similar remarks during the conference held in Vienna. Guzmán Mutis, for his part, made a statement on the urgent need to increase mandatory human rights due diligence for arms trade.

Researcher Antonio Guzmán Mutis
Both researchers are actively engaged in ensuring responsible arms trade through a project that aims to enable civil society to address the misuse, diversion and abuse of arms exports through rigorous documentation and investigation of supply chains, human rights training and advocacy with government and industry stakeholders.

León Castellanos-Jankiewicz: “COARM is an important forum at the EU level. It will be interesting to see how states interpret their obligations to conduct risk assessments prior to deciding on arms exports.”

Interested in this topic?
Sign up for the upcoming two-day international conference, co-organised by the Asser Institute, Global Rights Compliance, and the Center for Advanced Defense Studies. The conference takes place on 13 - 14 May, 2024, and aims to address the abuse of exports and diversion of small arms and light weapons (SALW) through effective implementation of accountability mechanisms. Attendance is free, register now!

Read more 
In the op-ed ‘The armor of the European arms industry’ for Spanish newspaper El Pais, researcher León Castellanos-Jankiewicz discusses the lack of accountability for the European arms industry.

During their research for the Amsterdam International Law Clinic, UvA law students find that victims of gun violence in Europe face various challenges in accessing justice.

Listen: León’s interview on BBC World Service, Can Mexico win its battle with US gun companies? ‘The Inquiry’, March 7, 2024, presented by Charmaine Cozier and produced by Jill Collins

In the public interest: accountability of the state and the prosecution of crimes
Castellanos-Jankiewicz and Guzmán Mutis are part of the research strand 'In the public interest: accountability of the state and the prosecution of crimes', which examines the accountability of states, both individually and collectively (e.g., the United Nations or the European Union), in light of public interest standards in the context of counterterrorism. Moreover, this strand looks into the prosecution of individuals for international and transnational crimes in the public interest. Finally, to ensure both the accountability of states and the prosecution of individuals for international and transnational crimes in the public interest, this research strand also investigates the role of journalists, digital media, human rights NGOs, and academics in protecting and promoting public interest standards.