The Transnational Defence Corporation Obligation of Due Diligence : Is this Corporation Exempted from International Law Too?

The drafters of the World Trade Organisation’s law that permits a Member State to export conventional arms everywhere, did not envisage the dangerous free rein that the transnational defence corporation enjoys under the protection of the State. Although this corporation is subject to domestic civil and criminal laws, that is in States that uphold the rule of law, it acts internationally with impunity, because of the support of the States that granted the licences, and the lack of international laws. Additionally, direct commercial sales have enabled these corporations to sell arms to non-State actors. Although some corporations are fully aware of arms control laws, appointing special officers to ensure their compliance, they are bound by the international legal obligation of due diligence. This paper examines this obligation as a general principle of international law, and an obligation of corporate responsibility, and presents recommendations of interests to researchers and international lawyers