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

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27 investigations and through closer involvement with international organizations such as Interpol—it faces many of the same challenges and obstacles to effective tracing of illicit arms flows as national investigating authorities. In many cases, suspected source or transit countries have been unable or unwilling to cooperate with these investigations. Poor or nonexistent record-keeping in supplier countries has also been a problem. The tracing of ammunition, especially for military-style SALW, is even more difficult, for reasons already cited in the paper. Much of the information that has been uncovered on the trafficking of illicit arms to conflict zones has come through extensive investigations of brokers and transport agents. Efforts to improve the tracing of conflict weapons will thus need to focus on the paper trail left by these actors. 1.5.4 Emerging Norms and Good Practices in International Weapons Tracing Although international cooperation between law enforcement agencies in tracing crime weapons has a long history, the recent adoption of the UN Firearms Protocol is an important landmark. The prospects for substantially enhancing international cooperation in weapons tracing depends significantly on progress in implementing this Protocol. Although the UN Firearms Protocol establishes legally-binding international standards for marking and record-keeping, its commitments on cooperation in tracing lack specificity. The main obligation is that: States Parties shall cooperate in the tracing of firearms, their parts and components and ammunition that may have been illicitly manufactured or trafficked. Such cooperation shall include the provision of prompt responses to requests for assistance in tracing such firearms, their parts and components and ammunition, within available means (Article 12, paragraph 4). To facilitate such cooperation, in this and all other areas covered by the Protocol, “each State Party shall identify a national body or a single point of contact to act as liaison between it and other State Parties on matters relating to this protocol” (Article 13, paragraph 2). Article 14 also provides, in a general way, for the provision to States parties, on request, of the
28 training and technical assistance necessary to enhance their ability to implement the Protocol. As noted in section 1.2, the UN Programme of Action also includes a number of politically-binding commitments to promote cooperation in SALW tracing. Participating States undertake to “strengthen the ability of States to cooperate in identifying and tracing in a timely and reliable manner illicit small arms and light weapons” (II, paragraph 36), and to “cooperate with each other, … and, where appropriate, with relevant international, regional and intergovernmental organizations, in tracing illicit small arms and light weapons, in particular by strengthening mechanisms based on the exchange of relevant information” (III, paragraph 11). They also commit “to establish or designate, as appropriate, a national point of contact to act as liaison between States on matters relating to the implementation of the Programme of Action” (II.5), and to establish or designate a similar point of contact within sub-regional and regional organizations for the same purpose (II.24). These are useful norms and standards, but will require elaboration and systematic follow-up if practical gains are to result. 43 Only the obligations to identify national and regional contact points are sufficiently specific to provide a clear focus for efforts to promote subsequent implementation. In a well-functioning national tracing system, it is increasingly normal to expect a response to a tracing request within hours, or at least within a few days. But there is, as yet, no guidance on this and other key issues in the above instruments—such as which authorities can legitimately expect cooperation with a tracing request and what information can reasonably be expected. 44 Some regional initiatives contain more significant commitments with respect to tracing than their global counterparts. 45 The OAS Convention contains virtually the same obligations to cooperate in tracing (Article XIII. 3) and to identify a national body or single point of contact (Article XIV. 2) as those found in the UN Firearms Protocol. However, it also provides for cooperation through exchange of experience and training in the “identification and tracing of firearms, ammunition, explosives, and other related materials” (Article XV.2.a), and establishes a Consultative Committee to promote and facilitate exchange of information and experience with marking and tracing, among other matters (Article XX). In the OSCE Document on SALW:
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 and 18: 4 First, if a weapon has been invol
Page 19 and 20: 6 The UN Programme of Action includ
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: 26 That said, national intelligence
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
Page 68 and 69: 55 SALW include weapons of war, def
Page 70 and 71: 57 The following questions should t
Page 72 and 73: 59 All of this data, while useful f
Page 74 and 75: 61 2.5 WHAT ARE THE CRITERIA FOR IN
Page 76 and 77: 63 traced, but which ones? Precisel
Page 78 and 79: 65 Table 1: Firearms recovered in c
Page 80 and 81: 67 explosives belts and dozens of t
Page 82 and 83: 69 This data provides an interestin
Page 84 and 85: 71 weapons belonging to illicit cir
Page 86 and 87: 73 imagine being able to effectivel
Page 88 and 89: 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
Page 229 and 230:
216 Characteristics of the exchange
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218
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