Arms Exports and Access to Justice: Enforcing International Law through Domestic Courts

Since 8 October 2023, the day after Hamas’s attack on Israel, arms exports have been the subject of much debate. After spiking in 2023 (see report concerning Germany), exports have since declined. Governments in Canada, Belgium, Italy, and Spain have voluntarily suspended trade. Others, such as the Dutch Government, have done so after legal action in domestic courts. In fact, domestic cases are proliferating and have been strengthened by UN reports that confirm serious violations of international law, particularly international humanitarian law (IHL – see here and here). While the proceedings before the International Court of Justice (ICJ) have received significant attention, domestic legal proceedings – with the exception of a recent Dutch case – have received comparatively little coverage. This is surprising, as domestic courts may provide a faster and more effective avenue for enforcing international law. This blog provides an overview of cases in Germany, the UK, France, and Denmark, focusing on a common problem facing litigants: access to justice. But first, some context.