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

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further tracing. Where there was no record of the weapon being legally
transferred out of the country, the State could be expected to promptly
confirm this fact, and provide results of the ensuing investigation.
Since the tracing mechanism would apply to all forms of illicit SALW
trafficking, including that relating to conflict zones and sanctions breaking
activities, the minimum information indicated above should be made
available irrespective of the nature or status of the weapon or of specific
transfers. States involved in the legal transfer of the weapon at some point
are not necessarily responsible for its subsequent diversion into illicit
markets. Yet, the cooperation of all States is needed if diversion points and
illicit trafficking routes are to be identified and disrupted.
Another key issue concerns the kinds of actors that could legitimately
use the tracing mechanism. These would undoubtedly include the State
that has recovered or seized the illicit SALW under investigation, States
conducting investigations on behalf of this State (where it lacks the
resources needed to carry out the trace), and States from whose territory the
weapons were diverted. Such actors would probably also include the UN—
including UN investigative bodies established to investigate sanctions
breaking activities—and relevant regional organizations and perhaps also
NGOs. While, as a matter of principle, participating States could be
encouraged to cooperate with tracing requests made by each of these
actors, it will be important to specify which of them can expect full
cooperation and in what circumstances.
A further issue relates to the uses that could be made of information
provided to assist with tracing. Key here is the question of confidentiality.
Existing international cooperation in weapons traces among police or
customs authorities is conducted under a norm of confidentiality, with
provision for presenting the information in court and thus making it public.
Similar principles should probably be applied to the international tracing
mechanism. However, additional issues and sensitivities—such as the use
of information relating to State-to-State transfers or losses from military
stocks—will also need to be addressed.
In this regard, it is to be hoped that the international tracing
mechanism will not limit itself to facilitating criminal investigations geared
towards prosecution, but will also enable appropriate authorities to identify,
monitor and disrupt arms trafficking activity. This implies that intelligence