Source · Select Committees · International Development Committee
Recommendation 31
31
Rejected
Companies lack legal requirement to halt arms exports risking IHL breaches.
Conclusion
There is no legal requirement for companies in the UK to stop exporting arms when they are aware of a clear risk that their weapons could be used in suspected breaches of IHL–instead the legal obligations rest on the Government. It is time for this to be addressed. (Conclusion, Paragraph 63)
Government Response Summary
The government rejects the implicit call for action, stating that legal obligations for arms exports rest with the government, not manufacturers, and it does not intend to legislate for binding due diligence requirements. It maintains the UK already has a robust export control regime.
Government Response
Rejected
HM Government
Rejected
Reject 71. The legal obligations for arms exports rest with the Government, which operates one of the most robust export control regimes in the world. As set out in paragraphs 66-68, all export licence applications are considered on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria, including explicit provision for an assessment of the risk that the items might be used to commit or facilitate a serious violation of IHL. 72. The Government does not intend to legislate to provide for binding due diligence requirements on arms manufacturers, given that the UK already has one of the most robust export control regimes in the world. As such, the Government does not believe that further legislative change in this area is required. 73. The UK has signed and ratified the Rome Statute, which established the International Criminal Court (ICC). The UK is a strong supporter of the ICC and its vital role in delivering justice for victims of the most serious international crimes. Under the International Criminal Court Act 2001, UK courts have jurisdiction over specific international crimes, including war crimes, committed by UK nationals or those resident in the UK. 74. Prosecutions are a matter for the independent prosecuting authorities, who consider all credible allegations of international crimes, including those relating to the targeting of aid workers and facilities. It is for them to determine whether the evidence meets the threshold for prosecution, taking into account any available defences, in accordance with the Code for Crown Prosecutors. The Government cannot and does not direct prosecutions. 75. Therefore, the Government rejects these recommendations.