The Scope and Implications of a Tracing Mechanism for Small Arms ...

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routine stockpile management. A 10-year deadline would be given to
allow the new standards for marking and registration to be applied to
all weapons manufactured prior to the implementation of the
mechanism. 11
Vienna Protocol
Scope:
• Mechanism that is legally-binding for States that have ratified it and the
Convention against Transnational Organized Crime. 12 As the minimum
number of 40 ratifications has not yet been reached, however, neither
of these two instruments has entered into force. As of 6 November
2002, 46 States had signed the Protocol and three (Bulgaria, Burkina
Faso, Mali) had ratified it;
• Potentially global in scope;
• The Vienna Protocol must therefore be taken into consideration in the
elaboration of an international tracing mechanism.
Field of application:
• The “firearms” covered by the Vienna Protocol include all portable
barrelled weapons, with the exception of those manufactured prior to
1899, or in other words almost all SALW strictly speaking, 14 as well as
their parts, components and ammunition (Article 3.a). Ammunition,
however, is excluded from all the provisions concerning traceability,
and explosives fall outside the field of application of the Protocol;
• The Protocol does not apply to transactions between States when
national security is at stake (Article 4.2.); 15
• Investigations and legal proceedings are initiated only in the case of
offences that are of a transnational nature and which involve an
organized criminal group (Article 4.2.).
UN Programme of Action
Scope:
• Politically-binding mechanism, global in scope;
• Adopted by consensus at the UN on 21 July 2001;
• The objective of the UN Programme of Action was to establish a
framework from which concrete measures at national, (sub-)regional
and international levels will be drawn up;
• Two important articles should be pointed out: