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The Arms Trade Treaty (2013) Counterpiracy under International Law 1 ACADEMY BRIEFING No. 3 The Arms Trade Treaty (2013) June 2013 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700786-4-7 © Geneva Academy of International Humanitarian Law and Human Rights, June 2013. Acknowledgements This report was written by Dr Stuart Casey-Maslen, Head of Research at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy), Gilles Giacca, Research Fellow, Faculty of Law, University of Oxford and Programme Co-ordinator, Oxford Martin School Programme on Human Rights for Future Generations, and Tobias Vestner, writing in a personal capacity. The Geneva Academy would like to thank all those who contributed to the ‘Arms Trade Treaty’ project, especially Ambassador Dell Higgie of New Zealand and Damaris Carnal and Nathalie Marville of the Public International Law Division of the Swiss Federal Department of Foreign Affairs. New Zealand’s funding of the publication of this Academy Briefing is gratefully acknowledged. We would like to thank Claire Mortimer, Gro Nystuen, Ilia-Maria Siatitsa, and Nathalie Weizmann for their comments on an earlier version of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This report is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, an earlier draft. The designation of armed non-state actors, states, or territories does not imply any judgement by the Geneva Academy, the New Zealand Ministry of Foreign Affairs and Trade, the Swiss Federal Department of Foreign Affairs, or any other body or individual, regarding the legal status of such actors, states, or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them. ACADEMY BRIEFING No. 3 The Arms Trade Treaty (2013) The Arms Trade Treaty (2013) 1 Contents Introduction _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________3 The negotiation of the Arms Trade Treaty ______________________________________________________________________________________________________________________________________________________________5 The Title, Preamble, and Principles _____________________________________________________________________________________________________________________________________________________________________________7 The title of the Treaty _________________________________________________________________________________________________________________________________________________________________________________________________________7 The preamble of the ATT _________________________________________________________________________________________________________________________________________________________________________________________________7 The principles of the ATT ______________________________________________________________________________________________________________________________________________________________________________________________ 13 The Core Provisions _______________________________________________________________________________________________________________________________________________________________________________________________________________ 17 Article 1. Object and Purpose ___________________________________________________________________________________________________________________________________________________________________________________ 17 Article 2. Scope ________________________________________________________________________________________________________________________________________________________________________________________________________________ 18 Battle tanks ________________________________________________________________________________________________________________________________________________________________________________________________________________ 18 Armoured combat vehicles _______________________________________________________________________________________________________________________________________________________________________________ 18 Large-calibre artillery systems ________________________________________________________________________________________________________________________________________________________________________ 18 Combat aircraft ______________________________________________________________________________________________________________________________________________________________________________________________________ 18 Attack helicopters __________________________________________________________________________________________________________________________________________________________________________________________________ 19 Warships ____________________________________________________________________________________________________________________________________________________________________________________________________________________ 19 Missiles and missile launchers _______________________________________________________________________________________________________________________________________________________________________ 19 Small arms and light weapons _______________________________________________________________________________________________________________________________________________________________________ 19 Article 3. Ammunition/Munitions ____________________________________________________________________________________________________________________________________________________________________________ 20 Article 4. Parts and Components ___________________________________________________________________________________________________________________________________________________________________________ 21 Article 5. General Implementation _________________________________________________________________________________________________________________________________________________________________________ 21 Article 6. Prohibitions ____________________________________________________________________________________________________________________________________________________________________________________________________ 23 Genocide ____________________________________________________________________________________________________________________________________________________________________________________________________________________ 24 Crimes against humanity ___________________________________________________________________________________________________________________________________________________________________________________ 25 War crimes _________________________________________________________________________________________________________________________________________________________________________________________________________________ 25 Article 7. Export and Export Assessment _________________________________________________________________________________________________________________________________________________________ 26 What is a serious violation of international humanitarian law? ____________________________________________________________________________________________________ 27 What is a serious violation of international human rights law? ___________________________________________________________________________________________________ 27 What terrorist offences are covered? ________________________________________________________________________________________________________________________________________________________ 28 What acts constituting transnational organized crimes are covered? ___________________________________________________________________________________ 29 What is ‘overriding’ risk? ___________________________________________________________________________________________________________________________________________________________________________________ 30 Article 8. Import__________________________________________________________________________________________________________________________________________________________________________________________________________________ 31 Article 9. Transit or trans-shipment ________________________________________________________________________________________________________________________________________________________________________ 32 Article 10. Brokering ________________________________________________________________________________________________________________________________________________________________________________________________________ 33 Article 11. Diversion _________________________________________________________________________________________________________________________________________________________________________________________________________ 33 Article 12. Record keeping _________________________________________________________________________________________________________________________________________________________________________________________ 35 Article 13. Reporting ______________________________________________________________________________________________________________________________________________________________________________________________________
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