Legitimising liberal militarism: politics,law and war in the Arms Trade Treaty

Post-cold war efforts to knit together human rights and international humanitarian law in pursuit of tougher arms transfer control reached their apogee in the UN Arms Trade Treaty (ATT). In contrast to dominant accounts based on human security norms, I argue that a key effect of the ATT is to legitimise liberal forms of militarism. During negotiations the US and UK governments justified their arms export practices in terms of morality, responsibility and legitimacy. More broadly their arms transfer practices are explained away by reference to national regulatory regimes that exceed the standards set out in the ATT. Arms transfers to Egypt and intra-Western transfers illustrate the way these justifications and regimes serve to shield US–UK weapons transfers and use from scrutiny and accountability. Rather than signalling the victory of human security, the ATT is better understood as facilitating the mobilisation of legitimacy for contemporary liberal forms of war fighting and war preparation.     

Shortcut to Legitimacy: Popularity in Putin’s Russia

Survey evidence suggests that Vladimir Putin’s legitimacy rests on three pillars: domestic order; economic prosperity; and the demonstration of great power status internationally. This is problematic inasmuch as it is based on a high degree of personal popularity which inhibits and contravenes the legal–rational legitimacy of state institutions. This requires continued delivery in all three areas in order to maintain the legitimacy of the regime. This framework allows us better to interpret the 2014 Ukraine crisis as an attempt to shore up support in one ‘pillar’ as performance-based legitimacy recedes.     

When ‘Anxious Scrutiny’ of Arms Exports Facilitates Humanitarian Disaster

How is it that the UK government continues to export weapons to Saudi Arabia for use in the war in Yemen, despite an explicit commitment to international humanitarian law (IHL)? And how is it that the High Court recently dismissed a case of judicial review, confirming that the government was ‘rationally entitled to conclude’ that arms exports pose no clear risk to IHL in Yemen? In what follows, I explain how a flexible interpretation of risk, reliance on secret information, and deference of the Court to the executive serve to facilitate rather than restrict arms exports. The judges’ decision provides a stamp of approval to an arms export policy that has directly contributed to the deaths of thousands of civilians in Yemen. Attention to the Saudi/Yemen case shows the political and legal manoeuvring that goes into managing the contradictions in government arms export policy.     

Touching the rainbow

Swiss‐torn painter Angelica Kauffman (1741–1807) was trained in Italy, then moved to London in 1766, where she was to stay for 15 years. Kauffman soon became one of the leading neo‐classical artists, famous for her portraits and history paintings. Her high art pictures won an enormous popularity and were executed, e.g., in interior decorations and as prints. As one of the founding members of the Royal Academy of Arts and belonging to the inner circle surrounding its president, the painter Sir Joshua Reynolds, Kauffman was commissioned for four corner roundels in the ceiling of the Council and Assembly Room in the academy's new home, Somerset House, today at Burlington House. These allegorical paintings on the appropriate theme of the Visual Arts (and part of a larger programme) are discussed in this essay, and especially one of these, representing “Painting”. By means of iconographical analysis it is argued that Kauffman, following the tradition of feminist history painters like Artemisia Gentileschi (1593–1652/53), is not only representing the theory and praxis of the artistic process but in so doing, also comments on the dominant ideology of sexual difference.     

Hague Case Law: Latest Developments

Netherlands International Law Review -