An Exploration of Applying System Criminality to Arms Trafficking

Abstract

Small arms trafficking is multifaceted and involves a host of actors ranging from the individual rogue seller and buyer to intermediaries, transnational networks, states, corporate organizations, or with the complicity of third, fourth, even fifth parties that facilitate the movement of arms. It is a complex web of sellers, brokers, intermediaries, financiers, and shipping companies. Here, the authors draw from, revise, and expand upon what has been referred to as system criminality in an effort to illustrate that through the expansion of this term there is theoretical and juristic value in the broader effort to control arms trafficking. The authors also suggest that to conceptualize and analyze the levels of actor/actors involvement or in terms of legal liability and accountability at the international level, placing various actors and organizations actions along a continuum from the white market—gray market to black market is useful.