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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?
Büttner, Henning | Zavazava, Nathalie Joyce
German Yearbook of International Law, Vol. 63 (2020), Iss. 1 : pp. 709–726
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Henning Büttner, Doctoral Candidate and Research Associate at the Chair of Prof. Dr. Andreas von Arnauld at the Walther Schücking Institute for International Law, University of Kiel.
Nathalie Joyce Zavazava, legal professional at the Federal Ministry of Education and Research and former Student Assistant at the Walther-Schücking Institute for International Law, University of Kiel.
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| 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 |