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1 1 (July 29, 2024)

handle is hein.crs/goveqcc0001 and id is 1 raw text is: Arms Transfers and International Law July 29, 2024 The ongoing conflicts between Russia and Ukraine and between Israel and Hamas have prompted questions about the international legal obligations of states that provide arms to parties to a conflict. Several cases, for example, have been brought in international and domestic courts (including one in a U.S. district court) alleging that countries' provision of arms to Israel since it launched its military campaign in Gaza in response to the October 7, 2023, Hamas terrorist attack violates those countries' obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) and the Geneva Conventions. The questions raised about the extent to which these international law obligations apply to arms transfers may be of interest to Congress because of its roles in determining whether and how the United States implements its international legal obligations and in authorizing, restricting, and overseeing executive branch decisions regarding the provision of U.S. arms to foreign states. This Legal Sidebar (1) discusses the obligations under the Genocide and Geneva Conventions that may be relevant to arms transfers, (2) explicates the extent to which these obligations are incorporated into the U.S. legal and policy framework governing the process of providing U.S. weapons to foreign states, and (3) highlights some issues raised by the foregoing of relevance for Congress in light of its legislative and oversight authorities regarding the provision of U.S. weapons to foreign states. International Law Obligations and Arms Transfers: The Geneva and Genocide Conventions International humanitarian law (IHL) is the body of treaties and customary international law that govern states' conduct during armed conflicts. The four Geneva Conventions, which are among the major components of IHL, provide various protections for civilians and others not actively participating in hostilities. The United States is a party to all four Geneva Conventions. The Conventions direct parties to criminalize certain violations of Convention requirements listed as grave breaches. Congress implemented this obligation through the War Crimes Act of 1996 (codified as amended at 18 U.S.C. § 2441). The Act also criminalizes additional IHL violations that may be applicable both to conflicts between states and to conflicts involving both state and non-state actors. Common Article I of the four Geneva Conventions obligates states parties to respect and to ensure respect for the present Convention in all circumstances. Recent conflicts have prompted questions Congressional Research Service https://crsreports.congress.gov LSB11211 CRS Legal Sidebar Prepared for Members and Committees of Congress