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

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73 imagine being able to effectively trace a weapon given such shortcomings and the absence of solid data? The knowledge of weapons-related criminal and technical data is a sine qua non condition, in the context of a PT, that allows experts to optimize tracing operations and to propose a clearer and more up-to-date picture of the situation with regard to crime and armed conflict. Such shortcomings can be explained by the fact that certain countries (like China) are loath to deliver information about the weapons in circulation within their borders—for strictly military reasons. Let us also not forget that in Switzerland there are many collectors or simply amateurs of arms who have numerous undeclared weapons. Before the federal law on firearms (or LArm) came into force, some Swiss cantons kept registers of collectors and other owners of weapons requiring a permit (essentially weapons considered as implements of war). Since the law came into effect, only foreigners who hold an “A” or a “B” residence permit are monitored by the cantonal authorities [Gallusser, private conversation, 2000]. Collectors’ firearms are likely to escape being monitored. Weapons that do not require a purchasing permit can also hamper the tracing mechanism. How can such weapons be kept track of when they have not been registered, given that it is entirely feasible that they may be used with the intention to commit crimes or simply to kill? Home-made and illegally manufactured weapons also pose serious problems for the tracing mechanisms that are currently in place. In this respect, the Small Arms Survey pointed out that there were “in South Africa, between 20,000 and 30,000 home-made weapons in circulation in 1997; between 1994 and 1999, 16,781 home-made arms (including rifles, guns and revolvers) had been recovered. This figure represents 16% of the total number of illegal arms recovered by the police”. 27 These numbers show how widespread the problem is; resorting to technical features alone— including the serial number—would not allow this type of weapon to be traced effectively. In conclusion, the Viva Rio study on the weapons recovered by the Brazilian police allows us to better appreciate the merits of a tracing mechanism. In spite of the shortcomings we have highlighted throughout this paper, tracing operations can produce useful results; in the context of
74 a PGT, more efficient use should nevertheless be made of the technical and criminal information related to a weapon. 2.9 WHAT ARE THE IMPLICATIONS OF THE VARIOUS OPTIONS? In section 2.10, we will examine the various marking options applicable to the weapons domain. The use of innovative marking systems inevitably leads to the development of new reading/detection methods, which means that the same innovative technologies are likely to generate additional costs that may hamper their development and implementation. Which methods can be applied to antique weapons? How can weapons that are not declared be registered? How can the firearms already in circulation be marked? These are the questions that remain difficult to answer for the moment. With good reason, we have mentioned the use of investigative elements to increase the chances of success of tracing operations. In the same vein, Greco 28 has emphasized that police reports should contain information relating to the characteristics of the weapon recovered or seized, the type of activities linked to the weapon (drug trafficking, criminal act, etc.), the types of weapons found and their similarities, the computerized criminal records of the individuals involved, the method used to obliterate the serial number, if applicable, where the weapon was discovered as well as all the files containing information on the transactions carried out for a given weapon. The combination of all this information with the technical elements would give the best possible chance of success for PT operations. Making use of the extrinsic elements however requires an overhaul of police records. For the moment, such a solution is hard to imagine, and quite difficult to implement on a large scale. Furthermore, to improve tracing operations, each State must keep comprehensive records of all the weapons in circulation within its borders for an unlimited duration. Each State must also facilitate exchange and transparency concerning weapons and develop a standardized tracing system. The study carried out by the UN 29 shows that tracing practices vary enormously from one country to another. These practices must be formalized and unified to improve the exchange of information and the rapidity with which it is processed. In the
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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
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10 uniquely identify each productio
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12 • Ensure, at the time of trans
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14 • increasing the resistance of
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16 The UN Firearms Protocol, in its
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18 component of this project is to
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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 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 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
Page 125 and 126: 112 Domestic record-keeping varies
Page 127 and 128: 114 Nevertheless, whilst the Wassen
Page 129 and 130: 116 individual weapon, should as a
Page 131 and 132: 118 • “Consolidation”—4 x 2
Page 133 and 134: 120 With the scope of the Protocol
Page 135 and 136: 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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