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

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5 law enforcement agencies generally regard investigations of losses from military stockpiles, illicit arms trafficking to zones of armed conflict, or arms embargo breaking activities to be outside their area of competence and authority. Armed forces tend to have their own agencies and authorities that are responsible for their arms stocks, and for investigating and preventing possible losses or misuse. Efforts to trace and disrupt international flows of illicit arms to countries in conflict or under UN embargo may be politically sensitive, and will often concern national arms transfer licensing authorities and government departments dealing with issues of national and international security. If tracing systems are to work effectively, they need to be designed so that relevant authorities can cooperate fully in each of these contexts. An effective system to enable tracing of SALW requires three key elements: • adequate marking of SALW, so that each item can be uniquely identified from its marks; • adequate record-keeping, so that reliable and readily accessible records are maintained for each item at every key stage of its existence, beginning with manufacture; • mechanisms and arrangements to enable relevant authorities to use the marks and records to trace the origins and lines of supply of illicit weapons (including components and ammunition) in a timely and reliable manner. While extensive systems already exist for the marking, record-keeping and tracing of SALW, substantial problems need to be addressed in each of these areas. These are discussed in the following sections of this paper and, in more detail, in the associated technical studies. 1.2.3 International Frameworks for Enhancing Marking, Record-Keeping and Tracing of SALW Most tracing activities are currently conducted within the country in which the illicit weapons have been seized, even though, as noted above, many illicit arms originate outside the country. Here we briefly introduce the key global and regional initiatives relating to marking, record-keeping and tracing of SALW in order to clarify the frameworks that are developing for international cooperation.
6 The UN Programme of Action includes a number of substantial politically-binding commitments to ensure adequate marking, recordkeeping and cooperation in tracing of SALW. 6 Prominent among these is a commitment “to strengthen the ability of States to cooperate in identifying and tracing in a timely and reliable manner illicit small arms and light weapons” (Section II, paragraph 36). The Programme also calls on the UN to examine the feasibility of developing an international tracing instrument for illicit SALW (Section IV, paragraph 1c). A UN Group of Governmental Experts has been established for this purpose and will report to the UN Secretary-General by August 2003, in time for consideration by the General Assembly at its 58 th session. At the regional level, several recent agreements include commitments to enhance cooperation in tracing, including the OSCE Document on Small Arms and Light Weapons and the SADC Protocol. 7 A number of governments are also considering how to enhance their cooperation in tracing illicit SALW, building on the ideas contained in the French-Swiss initiative launched in 2000. 8 These initiatives are all concerned with the illicit manufacture, transfer and circulation of SALW in all its aspects, including that which contributes to the excessive accumulation and uncontrolled spread of SALW in many regions of the world, and which sustains and intensifies armed conflicts. They are complemented by international agreements with a different focus, which are primarily concerned with crime prevention and criminal justice. The OAS Convention, 9 in force since July 1998 and reinforced by the CICAD Model Regulations, 10 is the most significant regional agreement of the latter kind. At the global level, the most important agreement of this type is the UN Firearms Protocol. 11 This legally-binding Protocol was agreed in March 2001 and will enter into force once ratified by 40 States. It aims “to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition” (Article 2). Implementation of the UN Firearms Protocol will significantly enhance international cooperation in tracing illicit firearms, their parts and components and ammunition. Articles 7 and 8 set out important minimum standards for record-keeping and marking, while Article 12 (paragraph 4)
Page 1 and 2: UNIDIR/2002/20 The Scope and Implic
Page 3 and 4: CONTENTS Page Preface. . . . . . .
Page 5: v Chapter 4 Structures and Institut
Page 8 and 9: viii point of diversion, thus inhib
Page 11 and 12: ACRONYMS ATFUS BATF BPA CFR CFR CIC
Page 13 and 14: xiii VIN WFSA WIES WR Vehicle Ident
Page 15 and 16: 2 and lines of supply of illicit SA
Page 17: 4 First, if a weapon has been invol
Page 21 and 22: 8 1.3 MARKING 1.3.1 Introduction A
Page 23 and 24: 10 uniquely identify each productio
Page 25 and 26: 12 • Ensure, at the time of trans
Page 27 and 28: 14 • increasing the resistance of
Page 29 and 30: 16 The UN Firearms Protocol, in its
Page 31 and 32: 18 component of this project is to
Page 33 and 34: 20 They clarify whether a weapon is
Page 35 and 36: 22 Though such systems have great p
Page 37 and 38: 24 have a more prominent role to pl
Page 39 and 40: 26 That said, national intelligence
Page 41 and 42: 28 training and technical assistanc
Page 43 and 44: 30 This highlights one of the most
Page 45 and 46: 32 An international tracing mechani
Page 47 and 48: 34 Some of the necessary elements a
Page 49 and 50: 36 on sources and lines of supply o
Page 51 and 52: 38 In promoting international assis
Page 53 and 54: 40 3 Programme of Action to Prevent
Page 55 and 56: 42 25 This section draws on discuss
Page 58 and 59: 45 BIBLIOGRAPHY Berkol, Ilhan, Mark
Page 60 and 61: CHAPTER 2 WHAT TO MARK AND WHAT TO
Page 62 and 63: 49 tracing method for all SALW (con
Page 64 and 65: 51 Figure 2: : The different sub-ca
Page 66 and 67: 53 In order to better grasp the pro
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55 SALW include weapons of war, def
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57 The following questions should t
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59 All of this data, while useful f
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61 2.5 WHAT ARE THE CRITERIA FOR IN
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63 traced, but which ones? Precisel
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65 Table 1: Firearms recovered in c
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67 explosives belts and dozens of t
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69 This data provides an interestin
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71 weapons belonging to illicit cir
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73 imagine being able to effectivel
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75 case of Switzerland, it would be
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77 electronics in animal identifica
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79 based our reflection on goals fo
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81 10 Small Arms Survey, Annuaire s
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APPENDIX 1 83
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APPENDIX 3 85
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87 the army weapon is capable of au
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90 significance, hence in general t
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92 3.1.2 Sanitization Removal or ob
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94 Chinese Type 56-1 Unique Identif
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96 verify that the imported weapons
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98 weapons. There are risks involve
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100 China Type 56 Russia AK47 Russi
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102 channels, with the protection o
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104 3.1.9 Comments Countries seekin
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106 as a result, potentially tip-of
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108 2. All markings must be made pe
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110 shared encryption standard. The
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112 Domestic record-keeping varies
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114 Nevertheless, whilst the Wassen
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116 individual weapon, should as a
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118 • “Consolidation”—4 x 2
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120 With the scope of the Protocol
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122 The South African authorities a
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124 • (Tracing) Details of all st
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126 tracing Chinese weapons. Conseq
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128 circulating information by fax
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130 Tracing requests are normally c
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132 encourage countries along the t
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134 close enough to provide adequat
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136 3. If Interpol is not up to the
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138 which restrict the amount of in
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140 9 It was notable during negotia
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142
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144 There are other reasons as well
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146 Laws Firearms are a durable com
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148 This last point should not be u
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150 the future a firearm tracing qu
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152 There are several important ele
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154 Canada, nearly all transfers re
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156 accuracy and man-hour effective
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158 industry practices. An effectiv
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160
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162 manner in national (and possibl
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164 routine stockpile management. A
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166 International regulations on th
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168 2. The definitions of weapons,
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170 enable national authorities to
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172 serial number of the firearm. T
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174 9. Explosives: the recommendati
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176 • The States parties undertak
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178 • The following is establishe
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180 International regulations on th
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182 • The participating States ag
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184 The Convention on Plastic Explo
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186 5.3.1 European Joint Action The
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188 years in July 2001. In December
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190 • States must make efforts to
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192 a greater degree of harmonizati
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194 this may lead to the undesirabl
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196 28 Or at least difficult or imp
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198 49 Speech by Mr. Koffi Adjouman
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200 in its capacity as President of
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202 Table 1: Scope of the Seven Pri
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204 Table 1 (continued) Characteris
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206 Characteristics of the marking
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208 Characteristics of the marking
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210 Characteristics of the recordke
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212 Characteristics of the record-k
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214 Table 4: Comparison of the Stan
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216 Characteristics of the exchange
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218
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