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Article 6 - Prohibitions

Published online by Cambridge University Press:  10 December 2021

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Summary

Article 6: Prohibitions

1. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if the transfer would violate its obligations under measures adopted by the United Nations Security Council acting under Chapter VII of the Charter of the United Nations, in particular arms embargoes.

2. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if the transfer would violate its relevant international obligations under international agreements to which it is a Party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms.

3. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.

INTRODUCTION

The Arms Trade Treaty (ATT) seeks to address the link between irresponsible or illegal transfers of conventional arms and the serious negative impacts that such transfers may have on security, armed conflict and human rights. Article 6 represents an important step forward in addressing this link through the creation of new and the codification of existing standards on the international transfer of conventional arms, ammunition/munitions and parts and components. In doing so, Article 6 is a key component towards achieving one of the objectives of the Treaty: establishing the highest possible common international standards for regulating the international trade in conventional arms (Art. 1).

Article 6 identifies those circumstances in which the authorization of a transfer – broadly defined in Article 2(2) to include an export, import, transit, transhipment or brokering – of the categories of conventional arms in Article 2(1) and the related items in Articles 3 and 4 (‘conventional arms and related items‘) is prohibited.

Type
Chapter
Information
The Arms Trade Treaty
Weapons and International Law
, pp. 103 - 141
Publisher: Intersentia
Print publication year: 2021

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