Christopher Steinmetz (BITS) German Arms Exports and Child Soldiers Small Arms in the Hands of Children Cooperation partner Editor German Coalition to Stop the Use of Child Soldiers Help for Children in Need Christopher Steinmetz (BITS) German Arms Exports and Child Soldiers Small Arms in the Hands of Children 2 Imprint Author Christopher Steinmetz, research associate, Berlin Information-center for Transatlantic security – BITS Cooperation Otfried Nassauer (BITS) Coordination and Editor Ralf Willinger/terre des hommes Design kippconcept gmbh, Bonn Published by and on behalf Brot für die Welt Kindernothilfe e.V. terre des hommes e.V. World Vision Deutschland e.V Supported by Deutsches Komitee für UNICEF e.V. Deutsche Friedensgesellschaft – DFG-VK e.V. Pax Christi – Deutsche Sektion Ohne Rüstung Leben e.V. Photos The publishing organisations Kindernothilfe and Cover photo: Child soldier with German G3-rifle, terre des hommes are members of the German Coalition photographer unknown to Stop the Use of Child Soldiers. page 9: Sebastian Bolesch www.kindersoldaten.info page 11: Guillaume Briquet / AFP / GettyImages page 13: Hans-Martin Grosse-Oetringhaus / terre des hommes The publishing organisations Brot für die Welt and page 26 – 27: Jacob_Wire / dpa_Picture Alliance terre des hommes are members of the coalition page 31: Hans-Martin Grosse-Oetringhaus / terre des hommes „Aktion Aufschrei – Stoppt den Waffenhandel“. page 48: David Longstreath / AP Photo / dpa_Picture Alliance www.aufschrei-waffenhandel.de page 55: Jacob_Wire / dpa_Picture Alliance page 64: Sebastian Bolesch The views expressed in this publication are those page 69: William Martínez / Fundación Dos Mundos of the author, not necessarily those of the supporting organizations. © 2017 All rights reserved The author thanks Ralf Willinger for his support. Februar 2017 3 Content Foreword 5 Executive Summary 7 Child Soldiers – Failure of the International Community in Regard to the Protection of Children in Armed Conflicts 9 1. Child Soldiers & Small Arms – Legal Framework and Reality 13 1.1. Child soldiers and the violation of international norms 14 1.1.1. Child soldiers on many battlefields worldwide 14 1.1.2. Between morality and reasons of state – Defining child soldiers 17 1.1.3. Germany’s obligations and reality 19 1.2. SALW – Orphans of arms control 21 1.2.1. Relevance of small arms for child soldiers and children’s rights 22 1.2.2. (Opportune) Grey areas – Defining SALW 22 1.2.3. Export controls – Of small arms and large gaps 24 2. German Small Arms Exports – A Sobering Balance 31 2.1. Murky waters – Statistics on German arms exports 32 2.2. Small arms exports on a large scale 33 2.3. German small arms and child soldiers – Five case studies 38 2.3.1. Colombia 38 2.3.2. Syria and Iraq 42 2.3.3. Philippines 46 2.3.4. India 49 2.3.5. Yemen (and the Saudi military intervention) 52 3. Proliferation of German Small Arms 55 3.1. Licensed production – Basis for uncontrolled proliferation 56 3.1.1. Assault rifles and submachine guns for the world 57 3.1.2. Fritz Werner’s deadly plants 59 3.1.3. Licensed production – Opening Pandora’s Box 60 3.2. German small arms – Final destination unknown? 62 3.2.1. Heckler&Koch – Doing it the British Way 62 3.2.2. USA – Paradise for small arms exports 63 3.2.3. Re-exporting – End-use in conflicts guaranteed 65 3.3. Ammunition – Prerequisite for conflict 66 3.3.1. Munition for millions 66 3.3.2. Fritz Werner and Rheinmetall set for expansion 67 3.3.3. Munition, the small but big evil 68 4 4. Recommendations for a Restrictive Arms Export Policy for the Protection of Children 69 4.1. Exports of small arms despite use of child soldiers 70 4.2. Recommendations for the protection of children in armed conflict 73 Appendix 77 APPENDIX 1 Definitions of SALW by the UN, EU and OSCE 78 APPENDIX 2 Selection of German Small Arms Companies (including ammunition and add-ons) 80 APPENDIX 3 Export Licenses Issued for Small Arms and Ammunition (Annual Reports of the German Government 2002 – 2015, in Mio.€) 82 Glossary of Terms 83 INDEX 86 List of companies 86 Liste of countries 87 Bibliography / List of Sources 88 The publishers 94 Figure 1: Use of child soldiers (2002 – 2015) 15 Figure 2: Countries where children are used as soldiers in armed conflicts 16 Figure 3: SALW exported by Germany (2006 – 2015) 34 Figrue 4: Small arms delivered to countries where child soldiers are being used 36 Figure 5: German military aid for the Regional Government of Iraqi-Kurdistan agreed between 2014 –2016 45 Figure 6: Export licenses for Jordan, Saudi-Arabia and United Arab Emirates 2002 – 2015 53 Figure 7: Overview of licensed production of G3 (HK33) 58 Figure 8: Overview of licensed Production of MP5 (HK53) 59 Figure 9: License Applications by H&K in Great Britain 2010 – 2015 63 Info-Box 1 Countries legally permitting the recruitment of minors by the armed forces 17 Info-Box 2 Campaign “Straight 18” 19 Info-Box 3 Risk factor “Military Training” 20 Info-Box 4 Hand grenades and anti-personnel mines 24 Info-Box 5 German Weapons Act and EU Firearms Regulation 26 Info-Box 6 Arms Trade Treaty (ATT) 28 Info-Box 7 Comments on available data for exports 33 Info-Box 8 German Kalashnikovs for the world 35 Info-Box 9 Fritz Werner in Myanmar 60 Foreword | 5 Foreword Each year, the annual report of the UN Secretary-Gen- on the Rights of the Child indicate the serious short- eral on children and armed conflict includes the “List comings, they repeatedly receive the same reply by of Shame”. In 2016, this list includes 59 armed groups the Federal Government: There is no need for action; and armed forces from 14 countries who have recruited the German arms export policy is restrictive. This study children, killed, maimed or abducted them, violated exposes this claim either as wishful thinking or as a children sexually or attacked schools and hospitals. consciously made false testimony since the Federal The main section of the UN report mentions six other Government is fully aware of the facts presented here. countries where children have been abused in a similar Rather than downplaying this, the government should fashion. put a restrictive arms export policy into practice. Is it acceptable to deliver arms to these countries where The annual reports on arms exports published by the violent armed conflicts have been raging for years or Federal Government leave no doubt: Never before has even decades? Germany exported as many small arms as in 2012 and 2013; never before were so many delivered to “third “No” would most likely be the answer of the majority of countries” (outside of EU and NATO), many of them sit- Germans. According to an Emnid-survey in 2016, 83 % uated in regions of conflict and crisis. Even if the figures of all Germans are principally against any German arms have been declining recently, a turnaround is nowhere exports – and surely to countries where children are in sight. In 2016, the value of the licensed small arms forced to fight. exports was 50 % higher than in the previous year, a third of which destined for third countries. “No” is also the answer of the UN Committee on the Right of the Child which monitors the compliance of The study shows: The necessary turnaround will not signatory states with the Convention on the Right of occur without a fundamental reform of German law. the Child. It has repeatedly issued recommendations for The existing legal framework in Germany is full of holes Germany to legally prohibit any export of German arms and inadequacies. A new arms exports act is urgently to countries where child soldiers exist. required, incorporating the denial criteria of the Politi- cal Principles and the EU Common Position and making “No” would also be the answer based on the German them legally binding and enforceable. Furthermore, the Government’s “Political Principles for the Export of War group of entities allowed to file a court suit needs to Weapons and Other Military Equipment” and the EU be broadened to ensure that not only arms companies “Common Position defining common rules governing but also associations, victims and representatives of control of exports of military technology and equip- the German Parliament can go to court because of an ment”. In both documents, human rights violations and export license decision. armed conflicts are listed as reasons for the denial of arms export licenses – but both criteria are often Such a new arms exports act should be a priority for ignored. the Federal Government to ensure that Germany does not continue to share responsibility for the escalation “Yes” is repeatedly the unfortunate answer of the Fed- of armed conflicts and the associated grave violations eral Government, also in recent times. Even small arms, of children’s rights. The export of arms to countries considered to be the deadliest weapons causing the and regions of crisis with armed conflicts or systematic largest share of civilian casualties and also the weapon violations of children’s rights and human rights needs to of choice for child soldiers, are exported to conflict torn be ruled out categorically. Due to their uncontrollable countries. This is underlined by the evaluation of the proliferation, even if delivered to NATO or EU countries, available information on arms exports, many of these small arms and their ammunition should no longer be from official government sources, conducted in this exported. study. Even armed forces and police, who are responsi- ble for grave violations of children’s rights according to The study also emphasizes the urgent need to raise the the UN reports, receive German arms.