The Arms Trade Treaty was designed to prevent the recurrence of horrors of preceding wars. When faithfully implemented, it plays an indispensable part in States’ efforts to prevent serious violations of international humanitarian law and human rights law.
By Mirjana Spoljaric
Every day, the ICRC witnesses the immense human suffering caused by armed violence and conflict, fuelled by the widespread availability and misuse of arms and ammunition.
In many places, including in the Democratic Republic of Congo, Haiti, Israel and the occupied territories, the Sahel, Somalia, Ukraine and Yemen, to mention but a few, this influx of weapons exacts an unacceptable human toll and hinders the prospects of building lasting peace.
With global arms sales on the rise, driven by growing international tensions, resurgent arms race dynamics and commercial incentives, the promotion of responsible action and restraint in the international arms trade is an ever more pressing humanitarian imperative.
Can the international community accept that vast quantities of conventional arms and ammunition continue to flow – overtly and covertly – to some of the most brutal armed conflicts, where there is a clear or overriding risk that they could be used to commit or facilitate international humanitarian law violations?
The Arms Trade Treaty (ATT) was designed to prevent the recurrence of horrors of preceding wars. When faithfully implemented, it plays an indispensable part in States’ efforts to prevent serious violations of international humanitarian law and human rights law.
States Parties to the ATT have shown leadership in adhering to the first global treaty to regulate the international trade in conventional arms.
Any State as an arms supplier must apply greater diligence in assessing the risks posed by the arms they transfer, and implement timely, robust and practical measures that can realistically offset such risks.
Foster respect for IHL
Respect for international humanitarian law in arms transfer decisions must apply at all levels of decision-making and must not be trumped by economic or political considerations.
Where there is a clear risk that arms would be used to commit international humanitarian law violations, States Parties to the ATT must refrain from transferring them.
Exporting States should, furthermore, use their influence to foster respect for international humanitarian law by the arms recipient.
Second, the Treaty’s humanitarian aspirations must be operationalized to yield tangible impact on the ground.
The humanitarian purpose of the Treaty is evident. It recognizes the human cost of arms availability and spells out the aim of contributing to international and regional peace and security.
The attention given to the effective implementation of the provisions of the Arms Trade Treaty and the role of interagency cooperation in achieving this is welcome.
This should effectively mark the start of a renewed focus on practical issues in ATT implementation including the establishment of national control systems, greater control on arms flows and responsible arms transfer practices.
Finally, the international community must restore a vision of disarmament and arms control as a crucial path toward sustainable peace and security.
We might witness the first ever and highly regrettable withdrawal of a state party from a humanitarian disarmament treaty, it is more urgent than ever to uphold and strengthen the norms that safeguard humanity and preserve prospects for peace.
Adapted from ICRC President Mirjana Spoljaric’s addresses the Tenth Conference of State Parties to the Arms Trade Treaty on World Humanitarian Day.
