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Büttner, HZavazava, N (2020). 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?. German Yearbook of International Law, 63(1), 709-726. https://doi.org/10.3790/gyil.63.1.709
Büttner, Henning Zavazava, Nathalie JoyceBüttner, Henning Zavazava, Nathalie Joyce (2020). "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?" German Yearbook of International Law, vol. 63no. 1, 2020 pp. 709-726. https://doi.org/10.3790/gyil.63.1.709
Büttner, HZavazava, N (2020). 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?. German Yearbook of International Law, Vol. 63 (Issue 1), pp 709-726. https://doi.org/10.3790/gyil.63.1.709

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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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Table of Contents

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