German Corporate and Government Officials’ Involvement in Arms Trade with Countries of the Saudi-led Coalition in Yemen: A Link in the Supply Chain Leading to Criminal Liability for Alleged War Crimes?
Year: 2020
Author: Büttner, Henning, Zavazava, Nathalie Joyce
German Yearbook of International Law, Vol. 63 (2020), Iss. 1 : pp. 709–726
Abstract
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Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.63.1.709
German Yearbook of International Law, Vol. 63 (2020), Iss. 1 : pp. 709–726
Published online: 2020-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 18
Author Details
| Section Title | Page | Action | Price |
|---|---|---|---|
| Henning Büttner and Nathalie Joyce Zavazava: \nGerman Corporate and Government Officials’ Involvement in Arms Trade with Countries of the Saudi-led Coalition in Yemen: A Link in the Supply Chain Leading to Criminal Liability for Alleged War Crimes? | 709 | ||
| I. Setting the Factual Frame for the Legal Analysis: Chronicle of a Conflict and the Allegations Against the Saudi-led Coalition | 710 | ||
| II. Is This Communication a Mere Manoeuvre of Strategic Litigation? | 711 | ||
| III. Procedural Aspects of the Communication Before the ICC: The Theoretical and Practical Impact of a Communication in the Legal Framework of the ICC | 712 | ||
| IV. Questions of Substantive Law: Could German Corporate and Government Officials Be Held Criminally Responsible for Assisting the Campaigns of the Saudi-led Coalition in Yemen? | 713 | ||
| A. Holding German Corporate Officials Criminally Responsible | 713 | ||
| 1. Arms Trade and the Objective Element in the Sense of Article 25(3)(c) Rome Statute | 714 | ||
| 2. Establishing the Subjective Element in the Sense of Article 25(3)(c) Rome Statute | 716 | ||
| B. Holding German Ministers Criminally Responsible | 709 | ||
| 1. The Licensing Procedure: Its Mechanics and the Competent Organs Which Authorise the Export of Military Equipment | 709 | ||
| 2. The Objective Element: Plenty of Licences Granted | 709 | ||
| 3. The Subjective Element: Little Did the Ministers Know? | 709 | ||
| V. Conclusion: Article 25(3)(c) Rome Statute – A Suitable Instrument to Hold Transnational Actors and Ministers Criminally Liable? | 709 |