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

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53 In order to better grasp the problem of categorization, another interesting tack is to establish a link between the different types of crime and the weapons used. We note that handguns are mainly used for misdemeanours (i.e. criminal acts whose network structures are loose or involve only one individual), while certain larger-calibre weapons are reserved for small but better organized criminal groups (organized gangs, etc.). It is thus necessary to identify the weapons in question in order to be able to effectively target the perpetrators. These remarks lend support to the idea that there should be a distinction made between armed conflict and crime. Generalizing SALW means treating the different types of crime that exist in the same way. The experts are nevertheless unanimous on this point: to treat crimes in such an undifferentiated manner is to disregard reality. The difficulty of categorizing firearms in the different databases and registers is also a major obstacle to the establishment of accurate statistics. Having categorizations that are too broad or that vary considerably among the countries or IT systems involved in a given case can mean that investigations are inappropriate or that tracing operations are (needlessly) bogged down. For instance, how can a type of firearm be linked to a type of crime committed if the categorization simply refers to “small and light weapons”? Specialized fields have a more specific categorization that respects the diversity of the different types of firearm, being based as it is mainly on the technical aspects of the weapons. Experts therefore find themselves in a situation where the definitions of SALW used by the UN, law enforcement agencies and firearms professionals are not compatible with one another. A final, important point is that the current categorization of SALW and their definition does not correspond to the legal definitions in the different States (as shown by the example of South-East Asia). 6 This observation underscores the necessity to harmonize legislation so that everyone speaks the same language. Political and legislative will currently do not support such a standardization.
54 2.3 WHAT FEATURES OF THE VARIOUS CATEGORIES AND TYPES ARE SIGNIFICANT FOR A TRACING MECHANISM? First of all, it should be recalled that the process of tracing can take several different forms. According to ISO standard 8402, tracing is defined as “the aptitude to uncover the history, usage or location of an entity by means of registered identifying features”. This definition highlights the importance of the notions of identification and registration in the context of a trace, as depicted in Figure 3. Figure 3: The different stages of the tracing process Manufacture Marking Registration Traceability Forensic Intelligence Intelligence or forensic intelligence can be defined as “a method that consists of the methodical search for and disclosure of links among elements of criminal data on one hand, and on the other between criminal data and other possible significant data, for the purposes of legal and police applications”. 7 Analyzing the data then allows links to be established between different cases, if similarities are identified, by supplying pertinent information about the identification of a weapon and its association with a criminal network, for example. But which elements should be included to allow a firearm to be effectively traced and identified? We will examine the different options available to us in the context of a PT (perfect tracing) and a PGT (pretty good tracing). It is therefore inadequate to tout the benefits of tracing all SALW; tracing is not a solution in and of itself. Specific measures must be established for each category of weapon, especially when we consider that
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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
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ACRONYMS ATFUS BATF BPA CFR CFR CIC
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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 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 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
Page 111 and 112: 98 weapons. There are risks involve
Page 113 and 114: 100 China Type 56 Russia AK47 Russi
Page 115 and 116: 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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