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

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CHAPTER 2 WHAT TO MARK AND WHAT TO TRACE? THE IMPLICATIONS OF SELECTING CATEGORIES AND TYPES OF SALW FOR INCLUSION IN A TRACING MECHANISM Frédéric Schütz 2.1 WHAT ARE THE VARIOUS CATEGORIES OF SALW? The problem of how to define small arms and light weapons (SALW) has long existed and is international in scope. It is a problem that deserves particular attention and which, in spite of the innumerable discussions held on the topic, has remained unsolved. In order to resolve it, the focus must supersede semantics and examine the various elements comprising this terminology so that its meaning and scope may be better understood. 1 To speak of SALW is all very well, but is this actually the appropriate term? What exactly does it refer to? Grasping the problem posed by the different categories of SALW implies first formally presenting the concept of firearms from different viewpoints. From a technical point of view, a firearm is an instrument of attack or defence that is activated when a projectile is expelled by the force of gases expanding during the rapid combustion of an explosive mixture. 2 Antipersonnel mines, for example, do not correspond to this definition, and yet they are considered SALW. The above definition is also interesting because it brings to the fore the political, legislative and conflict-related aspects which, as we will see throughout this paper, are in constant contradiction with one another and yet are closely linked, as Figure 1 illustrates. 47
48 Figure 1: The relationship between political, legislative and conflict-related problems Politics Conflict Legislative Le Petit Larousse illustré 3 defines a weapon as “an object, device or instrument which, by its nature or its use, serves to attack or to defend oneself.” The interest of this definition lies in its illustration of the general way in which weapons are perceived. Here, semi-automatic pistols, assault rifles and machine guns all fall into the category of firearms. It does not, however, reveal which difference or differences exist between a firearm and SALW. The categories currently proposed by the UN for inclusion under the heading of SALW are based mainly on politically-motivated arguments, since the UN defines SALW as weapons that can be carried by an individual, draft animal or light vehicle. This of course applies to many weapons whose real maximum calibre is 100 mm, including handguns (revolvers, semi-automatic pistols), shoulder-fired weapons (shotguns and assault rifles) and mortars, to name but a few. It is therefore a very broad classification that spans the largest weapon categories, and it reveals a need for sub-divisions that would better allow the weapons in question to be identified—particularly for the purposes of database use. We will go into detail regarding the difficulties raised by this type of definition in section 2.2. Everyone knows what a pistol or a revolver is, and what each represents. Structurally speaking, this classification poses no problem. However, there is such a huge difference between the Swiss-issue revolver of 1882 and the F2000 of today (both of which fit the description of an SALW given above) that it would be impossible to envisage using the same mechanism for tracing these two types of weapon—particularly with respect to searching in registers. Given that it is impossible to choose a single
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UNIDIR/2002/20 The Scope and Implic
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CONTENTS Page Preface. . . . . . .
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v Chapter 4 Structures and Institut
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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 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 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
Page 90 and 91: 77 electronics in animal identifica
Page 92 and 93: 79 based our reflection on goals fo
Page 94 and 95: 81 10 Small Arms Survey, Annuaire s
Page 96 and 97: APPENDIX 1 83
Page 98 and 99: APPENDIX 3 85
Page 100: 87 the army weapon is capable of au
Page 103 and 104: 90 significance, hence in general t
Page 105 and 106: 92 3.1.2 Sanitization Removal or ob
Page 107 and 108: 94 Chinese Type 56-1 Unique Identif
Page 109 and 110: 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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