Arms Sales

Introduction

A number of states supply military weapons to countries in the Caucasian region, including Turkey, within an appropriate export licencing regime. However, there are specific arms embargoes in place for Azerbaijan and Armenia under the Organisation for Security and Co-operation in Europe (OSCE), which a number of countries adhere to. There is clear evidence that Turkish weapons were used during the 2020 war. This is likely to put the supplying countries in breach of their own arms export regimes.

Evidence of supply of military components

Turkey has sold or otherwise transferred to Azerbaijan Bayraktar TB2 unmanned aerial drones (TB2s).

Video footage:

Physical evidence: on 20 October 2020, the Armenian Ministry of Defence first released pictures of fragments of a Turkish-made combat drone Bayraktar TB2 shot down by Armenian forces on the same day.

Source: Artsakh government/ journalist photography/footage

Arms sales by Jurisdiction

UK

The relevant legislation in the UK is the Consolidated EU and National Arms Export Licensing Criteria (the “UK Export Criteria”). Transfer of UK military items from Turkey to an embargoed destination is:

(i) a violation of the Export Control Order 2008, Part 4, Article 20;

(ii) a violation of an undertaking that no such transfers to embargoed destinations would be made which the relevant Turkish licensees were required to give at the time of issuance of the licences.

In addition, the UK also has a responsibility to ensure its export licenses are not being used to breach international humanitarian law; as embodied in criteria 3 and 4 of its Export Criteria (not to be used for provoking/prolonging conflict; or enforcing of territorial claim). Transfer of UK military items from Turkey to Azerbaijan for use in the Nagorno-Karabakh war arguably breaches both these criteria.

There are at least two companies in the UK which have been involved in manufacturing military technology, parts and/ or production equipment for TB2s for Turkey, which have then gone on to be used in the 2020 war.

Andair

the Bayraktar TB2 shot down on 20 October 2020 included a fuel pump identified as PN 50834 fuel system made by Andair. A petition was started on change.org in November 2020 and partly as a result of this, Andair released a press statement on 13 January 2021 announcing the cessation of Baykar Makina Sanayi ve Ticaret A.S.

EDO MDM 

EDO MDM is a subsidiary of the American arms manufacturer L3Harris Technologies Inc. EDO produces a drone part known as the ‘Hornet’ missile rack - a lightweight, micro pylon missile release unit that is capable of carrying any sub 50 lbs. smart weapon. L3Harris has already been investigated in the US as recently as 2019 in connection with as many as 131 violations of the International Traffic in Arms Regulations, such as unauthorised export of defence articles, failure to provide accurate and complete reporting and violation of the terms and conditions of licences and authorisations. Transferring US military items requires US government approval whereas the UK’s regime is more light-touch, allowing Turkey to export military weapons to at least two countries subject to arms embargoes - Libya and Azerbaijan. EDO MDM has been alerted to its potential breach of licence but has not yet responded.