Strategic Litigation on International Arms Transfer: As-sessing the Role of Domestic Courts

Abstract

In recent times, the consolidation of an international legal framework in the field of arms transfer has given rise to many opportunities to suit claims on the State's responsi-bility for unlawful licences, where violations of IHL and IHRL would have been present. In this context, the efforts made by civil society to claim the respect of the arms trade international obligations of the State are relevant. These have been mainly addressed through judicial means against the Governmental decisions to supply arms anyway. This contribution will consider the current role of domestic courts in addressing all the legal issues on the topic.

Keywords: Arms transfers; Strategic litigation; Domestic courts; Judicial review; International Law