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Begin New Search Author Tobias Vestner Publication Year within 10 Years

1. Addressing the Use of Human Shields

Author:
Tobias Vestner
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
Human shields are increasingly used in modern conflicts, exposing civilians and other protected persons to high risk of death and injuries. Using human shields is a violation of international humanitarian law (IHL) and a war crime under the 1998 Rome Statute of the International Criminal Court and customary international law. Armed forces confronted with human shields are faced with the dilemma between causing civil casualties that may undermine the legitimacy of their operations and refraining from attack which results in military disadvantages. To address the use of human shields, the respective normative framework and the enforcement of the prohibition could be strengthened. Strategic communication could also be deployed to delegitimize the use of human shields. Thematic engagement among states and with armed non-state actors could further prevent the use of human shields. Operational and tactical measures to circumvent human shields could further support states engaged in military operations and prevent incidental harm to civilians. Any action to address the use of human shields should be coordinated among states and international organizations.
Topic:
Security, Military Strategy, Law, Civilians, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

2. Prohibitions and Export Assessment: Tracking Implementation of the Arms Trade Treaty

Author:
Tobias Vestner
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
This Geneva Paper shows that ATT states parties generally implement the ATT’s prohibitions set forth in Article 6 through national laws and policies. This paper also demonstrates that exporting states implement the ATT’s obligations regarding export assessment contained in Article 7 in many different ways. While the spectrum of how exporting states parties consider an arms exports’ potential effect on peace and security is very broad, their national frameworks contain similar or nearly identical export criteria on assessing the risk of arms being used for serious violations of international humanitarian law and international human rights law. Few states parties have national export criteria regarding terrorism, transnational organized crime and gender-based violence. States also consider national criteria other than those specified in Article 7 before authorizing arms exports, including positive consequences of arms exports. Finally, states parties’ national frameworks mostly do not define clear thresholds for denying arms exports. Given this divergence in states party implementation, in addition to a remaining lack of clarity on how states apply the ATT provisions in practice, this paper recommends reinforcing dialogue on ATT implementation. This could lead to better understanding and implementation guidance that strengthens the emergence of common standards and improves the quality of national export assessments. To increase states parties’ knowledge on risks to be avoided, institutionalizing cooperation with human rights bodies and establishing an ATT internal information exchange mechanism is also recommended.
Topic:
Arms Control and Proliferation, Treaties and Agreements, United Nations, and Arms Trade
Political Geography:
United Nations and Global Focus

3. Synergies between the Arms Trade Treaty and the Wassenaar Arrangement

Author:
Tobias Vestner
Publication Date:
05-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
The Arms Trade Treaty and the Wassenaar Arrangement both seek to address the challenge posed by unconstrained transfer of conventional arms but differ in structure and approach. There are opportunities for synergies furthering the regimes’ common purpose. States members to both regimes can accentuate and interweave the strengths of the Arms Trade Treaty and the Wassenaar Arrangement. Transferring cutting-edge standards on export controls from the Wassenaar Arrangement to the Arms Trade Treaty would bolster the Arms Trade Treaty and foster global harmonization between exporting and importing countries. Political momentum on certain issues within the Arms Trade Treaty process may benefit the Wassenaar Arrangement’s further development. A derivative of the Wassenaar Arrangement’s regular ‘General Information Exchange’ on regions, transfers, and risky actors could be institutionalized within an Arms Trade Treaty working group. Sharing within the Wassenaar Arrangement information, concerns and practical challenges of states parties to the Arms Trade Treaty could make the Wassenaar Arrangement’s work more effective. Coordinating both regimes’ outreach activities, mentioning each other’s work and using each other’s documents for capacity building could mainstream arms transfer controls, prevent perceptions of conflicting standards as well as enable efficiencies regarding national efforts for compliance with international standards.
Topic:
Arms Control and Proliferation, Treaties and Agreements, Arms Trade, and Exports
Political Geography:
Global Focus

4. Weapons Systems Supply and Operational or Logistical Support under the PSSA

Author:
Tobias Vestner and Alessandro Mario Amoroso
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
Tobias Vestner and Alessandro Mario Amoroso, from the GCSP Security and Law team, are the authors of a Training Guide designed for Swiss private security companies to fulfil the obligations introduced by the Federal Act on Private Security Services provided Abroad (PSSA). The guide is tailored to the needs of companies operating and maintaining weapons systems and/or providing installation services, training on equipment and systems, and/or operational or logistical support to armed forces. Its purpose is to enable company personnel to understand key concepts and standards of human rights and international humanitarian law, including the risk and avoidance of direct participation in hostilities. The various chapters provide the necessary knowledge and tools to train company personnel to identify, prevent, and report activities that can constitute direct participation in hostilities or complicity in human rights and international humanitarian law violations. The guide includes thirty practical scenarios for training on direct participation in hostilities, with answers, which can be used to discuss the risk and avoidance of activities amounting to direct participation in hostilities.
Topic:
Security, Human Rights, Weapons, and International Humanitarian Law (IHL)
Political Geography:
Switzerland and Global Focus