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

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61 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.
62 According to the UN definition, tracing SALW entails tracing handguns, as well as missile launchers, mortars and anti-aircraft guns. By consulting the various statistics and studies that have been compiled, it is possible to establish a list of the weapons most commonly used in criminal acts. Or, as we mentioned earlier and as Greco has also observed, 15 it is at least possible to establish a link between the types of weapons used to commit crimes and offences (whether or not they are expensive, or powerful) and the degree of organization of the criminal network involved (i.e. simple, as in the case of a single individual, or more complex). Therefore, tracing operations must primarily target those types of weapons that are primarily involved in criminal activities. Technical criteria can also help us to better identify the weapons to be included in the SALW category. Here, the definition given by Gallusser et al in the context of section 2.1 allows us to dispense with certain types of weapons. Antipersonnel mines, tanks and mortars would thus be excluded from the SALW category in this context. Depending on the definition of weapons being used and the type of crime being considered, the classification of the weapons changes. The weapons involved differ according to the type of crime the experts decide to cover. It is obvious that trafficking in tanks or missile launchers is different from trafficking in handguns; that there is a difference in the criminals involved in these cases is also obvious. One of the determining criteria is thus the link between a weapon and the type of crime for which that weapon might be used (this is the first category as shown in Figure 1). To close this chapter, an interesting question can be put forward: is it SALW that define the tracing process, or is it the process that defines the weapons that are involved and which must therefore be traced? The answer to this question will provide pertinent information with respect to the weapons that are lumped together under the very broad heading of SALW. 2.6 WHICH SALW SHOULD BE THE SUBJECT OF A TRACING MECHANISM? WHY? We have already referred to the problem of unwittingly lumping all kinds of weapons under the label of SALW. SALW undoubtedly must be
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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
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2 and lines of supply of illicit SA
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4 First, if a weapon has been invol
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6 The UN Programme of Action includ
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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 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 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
Page 117 and 118: 104 3.1.9 Comments Countries seekin
Page 119 and 120: 106 as a result, potentially tip-of
Page 121 and 122: 108 2. All markings must be made pe
Page 123 and 124: 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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