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

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2.5 WHAT ARE THE CRITERIA FOR INCLUDING OR EXCLUDING ANY
OF THE MAIN TYPES OF SALW?
To identify these criteria, we must first recall the different
categorizations and difficulties that were set forth in the context of sections
2.1 and 2.2. The first element to be taken into account has to do with the
legal definitions of weapons in the different States, which vary greatly and
are not about to be harmonized. Faced with such differences, how can we
then hope to identify a feature that will allow a type of weapon to be
included or excluded?
We have stressed the importance of the various weapons' technical
characteristics in establishing a proper categorization. We have also
examined the use of elements relating to forensic intelligence for the
purpose of determining whether a weapon belongs to a criminal network
or whether it has already been used to commit a crime, or simply with a
view to facilitating tracing operations. However, can all weapons be placed
under the SALW “label”?
Classifying a type of weapon in one of the SALW categories according
to the various definitions set forth in this paper can be problematic in
certain cases, as the following example shows. At the beginning of January
2002, the cargo vessel Karine-A was stopped in the Red Sea. The ship was
carrying 83 containers filled with 50 tons of weapons of Iranian origin:
mortar shells, Sagger missiles, RPGs, explosives, mines, ammunition and
Kalashnikov assault rifles. 14 What category of SALW does an RPG belong
to? In what way can the tracing process be applied, considering the great
variety of weapons and ammunition found on board the vessel? Currently,
tracing missiles (not to mention other types of weapons) is not a priority for
law enforcement officers; indeed, the mechanism for doing so appears to
be even more vague than that used for “simple” handguns. This is why
efforts must be centred on the weapons that are most commonly found in
criminal circles and illicit trafficking circuits. But which weapons are these?
At the same time, it would be of interest to develop a tracing mechanism
suitable for all SALW. In the context of a PGT, the latter however, is not a
reasonable solution; instead, the mechanisms that already exist must be
formalized and optimized.