Arms trade treaty article 6

Summer 2015 united nations arms trade treaty 240 have uniformly recognized the need for such a treaty,16 such uniformity is not present in regards to the treatys content. The arms trade treaty preamble the states parties to this treaty, guided by the purposes and principles of the charter of the united nations, recalling article 26 of the charter of the united nations which seeks to promote the establishment and maintenance of international peace and security with. Yemens horror exposes the deadly hypocrisy of arms. The united states was the 91st state to sign the treaty. The arms trade treaty is the first legallybinding instrument ever negotiated in the united nations to establish common standards for the international transfer of conventional weapons.

This is the united nations treaty collection homepage. The arms trade treaty was developed to regulate the conventional arms industry. When the treatys regular conference of states parties takes hold, it will underscore that the discussion and scrutiny of the international arms trade have firmly found a place on the multilateral agenda. Note the words in italics are quite important because of course. Advocates of the proposed united nations arms trade treaty att promise that it will prevent the flow of arms to human rights violators. The united nations arms trade treaty att became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by states parties, there exists controversy as to the meaning of certain key provisions. Arms trade treaty agreed by overwhelming majority of. Motivated primarily by the desire to reduce human suffering, countries have signed the att, and 89 countries have either ratified the treaty or acceded to it. The states parties to this treaty, guided by the purposes and principles of the charter of the united nations, recalling article 26 of the charter of the united nations which seeks to. Mar 27, 20 one of the most important disputes in the negotiation of the arms trade treaty att at the united nations is the question of whether the treaty should include a customary international law cil. Arms trade treaty working group on effective treaty.

Why the arms trade treaty matters and why it matters. Yet there are some controversial points that are written into the treaty. States parties are encouraged to exchange experience and information on lessons learned in relation to any aspect of this treaty. Table of contents introduction 4 the arms trade treatybaseline assessment project 5 the purpose of initial reports 6 toward a standardized reporting template 7 the initial reports 8 the attbap survey 11 overview of the practices revealed in the initial reports 15 national control system and list 15 prohibitions 18 exports 22 imports 26.

Guided by the purposes and principles of the charter of the united nations. Arms trade treaty first informal preparatory meetings for the sixth conference of states parties csp6 eu statement arms trade treaty first informal preparatory meetings for the. Articles 6 and 7 on transfer prohibitions and export criteria. States parties are encouraged to take national measures and to cooperate with each other to prevent the transfer of conventional arms covered under article 2 1 becoming subject to corrupt practices. A national control list will be maintained by each state and will be submitted to the secretariat, states are encouraged to make the lists public. Trafficking in firearms, their parts and components and ammunition, supplementing the united. In accordance with article 22 of the treaty, the arms trade treaty entered into force on 24 december 2014, 90 days following the deposit of the 50th instrument of ratification with the depositary. The first conference of states parties csp to the arms trade treaty att will be held in cancun, mexico, on august 2427, 2015.

Recalling article 26 of the charter of the united nations which seeks to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world s human and economic resources. Arms trade treaty adopted new york 2 april 20 opened for signature new york 3 june 20 the treaty has not been ratified by the united kingdom presented to parliament by the secretary of state for foreign and commonwealth affairs by command of her majesty july 20. If the export is not prohibited under article 6, each exporting state party, prior to authorization of the export of conventional arms covered under article 2 1 or of items covered under article 3 or article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and nondiscriminatory manner, taking into account relevant factors, including information provided by the importing state in accordance with article 8 1, assess the potential that the. The arms trade treaty is the first legallybinding instrument ever negotiated in.

Though the text of the att does not provide definitions for these categories of weapons, article 5. Thus, the act of transfer is the most important element in this treaty. United nations the arms trade treaty preamble the states parties to this treaty, guided by the purposes and principles of the charter of the united nations, recalling article 26 of the charter of the united nations which seeks to promote the establishment and maintenance of. The minimum scope of arms covered by the treaty begins with article 2, paragraph 1, which sets out the categories of conventional arms to which the treaty shall apply, being the seven categories covered by the united nations register of conventional arms 15 and an eighth category on small arms and light weapons. This briefing paper aims to provide some background on the terminology around gbv and to highlight questions that will be relevant for risk assessments under article 6 and 7 of the arms trade treaty.

Introduction to the book weapons and international law. The arms trade treaty att establishes common standards for the. The arms trade treaty att is a multilateral treaty that regulates the international trade in conventional weapons it entered into force on 24 december 2014. New york, ny after the first week of negotiations at the u. Arms trade treaty and the customary international law. The arms trade treaty att is a multilateral treaty that regulates the international trade in conventional weapons. Part of theinternational relations commons,international trade law commons, and the. The arms trade treaty att establishes common standards for the international trade of conventional weapons and seeks to reduce the illicit arms trade. The arms trade treaty preamble the states parties to this treaty, guided by th purposee ans principled o thfs chartee o thfr unitee d nations, recalling articl 26 oef the charte orf the united nation whics h seek tso promote the establishmen ant d maintenanc oef internationa peacl e and security. This csp will establish the rules of procedure for this and all. It addresses a lack of global regulations governing conventional arms, particularly for civilians who live in areas of conflict. If the export is not prohibited under article 6, each exporting state party, prior to authorization of the export of conventional arms covered under article 2 1 or of items covered under article 3 or article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and nondiscriminatory manner, taking into. Therefore, ensuring that arms in private ownership do not enter illicit circuits must be part of the equation for every country. The arms trade treaty att, which entered into force in december 2014, is part of the international response to the tremendous human suffering caused by the widespread and poorly regulated availability of conventional weapons.

Russias justifications for abstention and the treatys effectiveness in application joshua d. The arms trade treaty is a multilateral treaty designed to regulate international trade in conventional arms. This treaty shall apply to those activities of the international trade in conventional arms covered in paragraph a1 above, and set out in articles 6 10, hereafter referred to as transfer. Appg on weapons and protection of civilians held ann. Act 300032015 overview of the treaty article 1 states the objective and the purpose of the treaty. Achievements, failings, future laurence lustgarten abstract this article looks at the origins, purposes and con.

Addressing some misconceptions about the arms trade treaty. States parties to the arms trade treaty will establish a control system regulating the export of munitions and ammunition for arms covered under article 2. General assembly ga adopted the arms trade treaty att on a vote of 154 nations in favor including the united states, 23 abstentions, and 3 against iran, north korea. The att is a very modern treaty that outlines the legalities of arms trade amongst its state parties. Twentyone ratifying states provisionally applied articles 6 and 7 of the treaty. Oct 30, 2015 if the export is not prohibited under article 6, each exporting state party, prior to authorization of the export of conventional arms covered under article 2 1 or of items covered under article 3 or article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and nondiscriminatory manner, taking into. Meanwhile, uk and us delegates were preparing to attend the second conference of states parties to the arms trade treaty att, which wraps up in geneva today. Exchange of information on conventional arms transfers article 15. Inadequate controls on arms transfers have led to widespread availability and misuse of weapons. The arms trade treaty does prohibit article 6 arms sales if at the time of authorization it is known the arms would be used for genocide, crimes against humanity, grave breaches of the geneva convention, attacks directed against civilian objects or civilians or other war crimes. Ray acheson notes in the arms trade treaty monitor 6.

Arms control is typically exercised through the use of diplomacy which seeks to impose such limitations upon consenting participants through international treaties and agreements, although it may also. The hidden costs of the arms trade treaty ammoland gun news. Treaty att was finally adopted on 2 april 20 by unga resolution, voted by an overwhelming majority. The arms trade treaty is an international accord agreed in 20 that regulates the trade in conventional nonnuclear weapons, their parts and components, and munitions. The att also partly applies to ammunitionmunitions that are fired, launched, or delivered by the conventional arms covered in the treaty article 3, and to the parts and components that are in a form that makes it possible to assemble the conventional arms covered in the treaty article. The arms trade treaty requires all statesparties to adopt basic regulations and approval processes for the flow of weapons across international borders, establishes common international standards that must be met before arms exports are authorized, and requires annual reporting of imports and exports to a treaty secretariat.

How to use the arms trade treaty to address genderbased violence. The arms trade treaty at a glance arms control association. Why the arms trade treaty matters and why it matters that. As before, this is a long post so you can skip down to the summary section if you want the short version. The lives of palestines children should be better protected since 24 december 2014, when he arms trade treaty att became binding in international law requiring states to end the transfer of arms that would be used in war crimes and genocide. In article vii, paragraph seven, focusing on the assessment and authorisation of exports from a state party. The arms trade treaty att is a multilateral treaty that regulates the international trade in. Languages, arabic, chinese, english, french, russian, spanish.

May 08, 2019 when the treatys regular conference of states parties takes hold, it will underscore that the discussion and scrutiny of the international arms trade have firmly found a place on the multilateral agenda. The definition of transfer in the att is stipulated in article 22 46 and is reflected in article 7 export and export assessment, article 8 import, article 9 transit or transshipment and article 10 brokering which actually regulates arms trade. This article first examines the att, and observes that the. Volume 11issue 2 article 11 812015 united nations arms trade treaty. Regarding the following paragraph from the article. The eus high representative for foreign affairs and security policy, catherine ashton, declared. May 05, 2019 instead, the treaty included language in its preamble that treaty parties be mindful of the legitimate trade and lawful ownership, and use of certain conventional arms for recreational. What unsigning the arms trade treaty means for american gun. It is the understanding of liechtenstein that the term overriding risk in article 7, paragraph 3, encompasses, in light of the object and purpose of this treaty and in accordance with the ordinary meaning of all equally. Extracts from article 7 export and export assessment 1. Arms trade treaty wikisource, the free online library. The draft arms trade treaty 5 the global trade in conventional arms is worth tens of billions of dollars each year, while many other weapons are transferred by means of gifts, leases, or loans. A practical guide to national implementation the arms trade treaty 4 about the authors and contributors stuart caseymaslen is an honorary professor with the faculty of law at the university of pretoria in south africa. Articles 1 6 let us continue on with the att analysis, beginning with article 1.

Article 7 risk assessment takes place only after the state party has determined that the export is not absolutely prohibited under article 6 which prohibits. The att sets out prohibitions on transfers of weapons where it is known that they would be used in war crimes for example in indiscriminate or direct attacks against civilians. The uk parliaments committees on arms export controls caec is currently holding an inquiry into the use of ukmanufactured arms in the conflict in yemen. The treaty aims to reduce human suffering caused by illegal and irresponsible arms transfers, improve regional security and stability, as well as to promote accountability and transparency by state parties concerning transfers of conventional arms. Selected preparatory documents in chronological order. Arms control is a term for international restrictions upon the development, production, stockpiling, proliferation and usage of small arms, conventional weapons, and weapons of mass destruction. If the export is not prohibited under article 6, each exporting state party, prior to authorization of the export of covered arms shall, in an objective and nondiscriminatory manner, taking into account relevant factors assess the potential that the conventional arms or items. Pdf the arms trade treaty att in the horn of africa. Article 6 addresses explicitly prohibitions against arms transfers that would be. Condition, 90 days after ratification by 50 states article 22. The att also partly applies to ammunitionmunitions that are fired, launched, or delivered by the conventional arms covered in the treaty article 3, and to the parts and components that are in a form that makes it possible to assemble the conventional arms covered in the treaty article 4.

Is your state in a position to provide assistance to other states to enable implementation of the provisions of the arms trade treaty. Each state party shall establish and maintain a national control system to regulate the export of parts and components where the export is in a form that provides the capability to assemble the conventional arms covered under article 21 and shall apply the provisions of article 6 and article 7 prior to authorizing the export of such parts and components. Recalling article 26 of the charter of the united nations which seeks to promote the establishment and maintenance of internatio nal peace and security with the least diversion for armaments of the world s human and economic resources. Saving palestines children under the arms trade treaty. Arms trade treaty working group on transparency and reporting eu key messages arms trade treaty working group on transparency and reporting geneva, 6 february 2020. Permanent representative of australia to the united nations in geneva and ambassador for disarmament. Article 6 and article 7 prior to authorizing the export of such. Arms trade treaty ratification and implementation guide for african states ben coetzee.