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International level Firearms Protocol

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Presentation on theme: "International level Firearms Protocol"— Presentation transcript:

1 United Nations Arms Control Instruments Ambassador Dr Ugljesa Ugi Zvekic

2 International level Firearms Protocol
Date adopted International instrument Instrument character Scope Binding Not binding SALW Ammunition Parts & components 1 31/05/2001 Firearms Protocol SA 2 20/07/2001 Programme of Action on Small Arms  ? 3 08/12/2005 International Tracing Instrument 4 02/04/2013 Arms Trade Treaty partial Firearms Protocol - Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (2001). Programme of Action on Small Arms – United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (2001). International Tracing Instrument - International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (2005). NOTE THE DATES of these instruments

3 UN FIREARMS PROTOCOL In its resolution 55/255 of 31 May 2003, the General Assembly adopted the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (UNTOC) In force as of 3 July 2005; Parties:114

4 Status of ratification of the Firearms Protocol by region Parties 114

5 UN Firearms Protocol Legally binding
Crime prevention and criminal justice perspective Framework to combat the illicit manufacturing and trafficking Investigation and prosecution of related offences Firearms Protocol and the Organized Crime Convention

6 Preventive and security measures
Record-keeping Marking of firearms Deactivation of firearms Transfer control regime for import, export and transit Confiscation, seizure and disposal Criminal provisions Illicit manufacturing Illicit trafficking Falsifying, obliterating, removing or altering markings Attempts, participation as an accomplice, organizing or directing others to commit Protocol offences International cooperation Information exchange on relevant case-specific information on matters such as authorized producers, dealers, importers, exporters and, whenever possible, carriers of firearms, their parts and components and ammunition.

7 ARMS TRADE TREATY

8 ATT Adopted by the UNGA on 2 April for; 3 against (Iran; North Korea and Syria) and 23 abstained (e.g.US; Russia; China) Entered into force on 24 December 2014 Parties: 82

9 ATT: PURPOSE The first international, legally binding instrument to establish the ‘highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms’ (Article 1).

10 ATT: SCOPE The ATT has the potential to: strengthen the overall effectiveness of arms control instruments; ensure arms transfers are more transparent and responsible; improve national and international weapons control capacities; and ultimately decrease illicit arms trade, insecurity and corruption

11 ATT: Main Characteristics
Scope: which weapons? It includes all important weapons systems from the UN Register, plus small arms, which was crucial for the UN system. Moreover, each country is encouraged to "apply the treaty to the broadest range of conventional arms". Ammunition: prior to authorising export of ammunition/munitions States shall apply the same prohibitions and assessment provisions that are applicable to the arms

12 ATT: Main Characteristics (2)
Criteria for assessment: There are clear prohibitions for exports related to Security Council arms embargoes, genocide, war crimes, etc. Furthermore, States will deny an export if there is an "overriding risk" that weapons may be used to impact peace and security, international humanitarian law, international human rights law, terrorism, organised crime, and gender-based violence.

13 ATT: Main Characteristics (3)
Commitment to regulate: States commit to develop an export and import control system. Furthermore, they are encouraged to regulate transit, and arms brokers. Commitment to report: transparency. States commit to report their present regulatory system, and - annually - their actual imports and exports (weapons, not ammunition or parts/components). International cooperation / assistance: institutional capacity-building and establishes a UN trust fund.

14 ATT & Other Instruments
The most significant period of arms control development that would set the scene for the ATT began in the early 1990s, at the end of the Cold War. After the Iraqi invasion on Kuwait, the UN Register of Conventional Arms (UNROCA) was established in After UN SC issued criteria on arms transfer, the UN Disarmament Commission (UNDC) agreed and published a set of Guidelines for International Arms Transfers (1996)

15 UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects (PoA) Adopted by UNGA in 2001 Biennial Meetings of States Review Conferences Meetings of Governmental Experts

16 UN PoA: Purpose To reduce human suffering caused by illicit trade in small arms It addresses illicit manufacture, transfer, circulation and excessive accumulation It asks for national controls over: production and transfer; criminal offences; markings; tracing and record-keeping; stock-pilling; surplus disposal; brokering, and Disarmament, Demobilization and Reintegration (DDR).

17 International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (ITI) Adopted by UNGA in December 2005 Four main themes: Marking Record-keeping Cooperation in tracing Implementation through international cooperation and with Interpol

18 Other International Arms Control Intstruments
UN Register on Conventional Arms (1991): battle tanks; armoured combat vehicles; large-calibre artillery systems; combat aircrafts; attack helicopters; warships; missiles and missile launchers The Wassenaar Agreement (1995): to report all transfers designed for military use and dual-use goods and technologies Conference on Disarmament (1979): restricted membership; nuclear disarmament The Disarmament Commission (1952)

19 Regional instruments and tools Domestic regulations

20 Regional level OAS Firearms Convention and Model Regulations European Union initiatives OSCE Document, other instruments ECOWAS Moratorium and Convention SADC and Nairobi Protocols, Kinshasa Convention Pacific Islands Forum model legislation In total, 52 Regional Organizations are active in implementing some international commitments on firearms control

21 National level Possession, carrying & use of firearms
No international regulations governing civilian possession General regulatory framework: the firearm the user the use At the national level, countries have adopted legislation governing the manufacture and trading in small arms; they will have stockpile management procedures in place etc They also (for the most part) seek to control civilian access to and use of small arms…

22 Arms and development

23 The Geneva Declaration on Armed Violence and Development (2006)
First adopted by 42 states on 7 June 2006 Now signed by 113 countries The strongest political statement and commitment addressing the impact of armed violence on development

24 Post-2015 SDGs Target 16.4: by 2030 significantly reduce illicit financial and arms flows, strengthen recovery and return of stolen assets, and combat all forms of organized crime

25 THANK YOU


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