Explosive Investments : How International Law Regulates the Financing of Cluster Munitions

This paper investigates the question how international law regulates the financing of cluster munition producers. Due to their indiscriminate and long-lasting effects, cluster munitions cause a lot of civilian suffering. Although their use and production are prohibited in the 108 member states of the Convention on Cluster Munitions, cluster bombs are still produced and used in military conflicts worldwide. Moreover, states, private individuals, and banks provide billions of dollars in investments to the companies manufacturing cluster munitions. It will be argued that such financial assistance is illegal under the Convention on Cluster Munitions. State practice and domestic laws provide further evidence for this argument. Different ways of holding states, individuals, and corporations accountable for the provision of financial assistance will be compared by analyzing concepts from the law of state responsibility, international criminal law, corporate responsibility, and a selection of domestic laws.