Amsterdam Law School
31 July 2023
Europe has a gun problem. Master's students of the Amsterdam International Law Clinic found major gaps in accountability for European arms exports. Their report titled Access to Justice for Gun Violence: Seeking Accountability for European Arms Exports assesses the mechanisms in place in 11 European countries to challenge arms export licenses that have been authorised by states, and when the liability of gun manufacturers is invoked. The report includes analysis on the Netherlands, Belgium, France, Germany, Spain, Italy, Romania, Sweden and the United Kingdom.
The law students found during their research that victims of gun violence face a number of obstacles in accessing justice, including:
During the Amsterdam International Law Clinic, the students also found that the EU Common Position on Arms Exports, which requires human rights risk assessments, has a decision-making system that is undermined by a lack of transparency.
‘This report shows that there are major gaps in accountability for European arms exports,’ said León Castellanos-Jankiewicz, researcher at the Asser Institute for International and European Law, and project leader of the report. ‘Victims of gun violence who have been harmed by European weapons deserve access to justice, and this report provides the first comprehensive diagnosis of these shortcomings.’
In the report are a number of recommendations to improve accountability for European arms exports, including:
The report was drafted by Master's students from the Amsterdam International Law Clinic, in cooperation with the Asser Institute for International and European Law in The Hague. The Office of the Legal Advisor of the Mexican Ministry of Foreign Affairs commissioned the report. ‘We urge European governments to take action to address the gaps in accountability identified in this report,’ says Alejandro Celorio Alcántara, Principal Legal Advisor at the Mexican Ministry of Foreign Affairs.
‘Victims of gun violence deserve justice, and we will continue to work to ensure that they have access to the legal remedies they need. Arms trafficking has become a serious threat in many regions, including in Mexico, but it does not always feature highly on the multilateral agenda. We chose to work with students to inspire younger generations to drive change. Understanding the regulatory makeup of arms control while empowering young leaders is an important first step toward changing this.’