Citation

Yihdego ZW. Australas. J. Hum. Secur. 2006; 2(3): 29.

Copyright

(Copyright © 2006, Egan-Reid)

DOI

unavailable

PMID

unavailable

Abstract

The excessive availability of small arms and light weapons (SALW) including their unregulated transfer into areas of conflict has been a major threat to humanitarian norms. While those norms have largely remained in the background, the consequences of the arms transfer are obvious to everyone. This article explores the principles of humanity and public conscience also known as 'The Martens Clause' and its potential application to highlight irresponsibility in arms transfer. The Clause simply means that in the absence of express international treaties on the means and methods of warfare (including the manner in which weaponry is used), the principles of humanity and the dictates of public conscience apply. Getting an ethic to function in place of a formal treaty is problematic. The first part of this article introduces the problem in general, with emphasis on the link between small arms proliferation and violations of humanitarian norms. The second part examines the implicit features of the Clause and the controversies behind it. It also examines the reaction of the international community to this pressing challenge, including the position of civil societies. The third and final part of the article identifies the main findings, and it concludes with some recommendations. It is proposed that, despite the absence of an international convention on arms transfers, a normative restriction on such transactions may well be derived from the principles of humanity and universal values of humankind. This argument does not necessarily deny the critical role of states' consent in the formulating of international humanitarian law.

Language: en