grips.gif (1552 octets) Réf. GRIP DATA:

G4510

Date d'insertion:

10/09/03


FRAMEWORK CONVENTION
ON INTERNATIONAL ARMS TRANSFERS

The Contracting Parties,
[PREAMBLE]...
Have agreed as follows:


PART I


Article 1 : Principal obligation
Contracting Parties shall adopt and apply in accordance with their domestic laws and procedures a licensing requirement in respect of all international transfers of arms.


PART II


Article 2 : Express limitations
Contracting Parties shall not license international transfers of arms which would violate their obligations under international law. These shall include:
1. obligations arising under decisions of the United Nations Security Council;
2. obligations arising under international treaties by which the Contracting Parties are bound;
3. transfers of arms the use of which is prohibited by international humanitarian law because they are incapable of distinguishing between combatants and civilians or are of a nature to cause superfluous injury or unnecessary suffering; and
4. obligations arising under customary international law.

Article 3 : Limitations based on use
Contracting Parties shall not license international transfers of arms in circumstances in which there exists a reasonable risk that the arms would:
1. be used in violation of the prohibitions on: the threat or use of force; threat to the peace; breach of the peace or acts of aggression; or unlawful interference in the internal affairs of another State;
2. be used to commit serious violations of human rights;
3. be used to commit serious violations of international humanitarian law applicable in international or non-international armed conflict;
4. be used to commit acts of genocide or crimes against humanity;
5. be diverted and used to commit any of the acts referred to in the preceding sub-paragraphs.


Article 4 : Other considerations
Contracting Parties shall avoid licensing international transfers of arms in circumstances in which there are reasonable grounds for considering that the transfer in question would:
1. be used for or to facilitate the commission of violent crimes;
2. undermine have an adverse effect on political stability, and regional security or economic development; or
3. be diverted and used in a manner contrary to the preceding sub-paragraphs.


PART III


Article 5 : National measures
Contracting Parties shall establish such mechanisms of national law as are necessary to ensure that the requirements of this Convention are effectively applied in accordance with the minimum standards set out in Annex I.

Article 6 : International measures
Contracting Parties shall establish an international registry of international arms transfers.
Contracting Parties shall submit to the international registry an annual report on all aspects relating to arms transfers from or through their jurisdiction.
The international registry shall publish an annual report reviewing the review of the annual reports of the Contracting Parties.


PART IV


Article 7 : Relation to other obligations
The obligations set out in this Convention shall be applied as a minimum standard, without prejudice to any more stringent national or other requirements.

Article 8 : Protocols
1. This Convention may be supplemented by one or more protocols.
2. In order to become a Party to a protocol, a State or regional economic integration organisation must also be a Contracting Party to this Convention.
3. A Contracting Party to this Convention is not bound by a protocol unless it becomes a Party to the Protocol in accordance with the provisions thereof.
4. Any protocol to this Convention shall be interpreted together with this Convention, taking into account the object and purpose of that protocol.

Article 9 : Definitions
For the purposes of this Convention,
1. "Arms" shall refer to:
a) weapons designed for personal use or for use by several persons serving as a crew, including revolvers and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles and light machine-guns (small arms); heavy machine-guns, hand-held under-barrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoil-less rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems and mortars of calibres of less than 100 mm, ammunition and explosives, including cartridges (rounds) for small arms, shells and missiles for light weapons, anti-personnel and anti-tank hand grenades, landmines, explosives, and mobile containers with missiles or shells for single-action anti-aircraft and anti-tank systems
b) Major weapons systems, their parts, components, ammunition and related equipment including but not limited to: artillery, bombs, torpedoes, rockets, missiles, military ground vehicles, vessels of war, aircraft designed for military use, kinetic energy weapons systems, armour or other protective equipment, specialized equipment for military training and direct energy weapons systems.
c) Paramilitary, police and security equipment, its parts, components, accessories and related equipment including but not limited to: utility vehicles with ballistic protection, imaging or countermeasure equipment and components and accessories specifically designed for military use, acoustic devices and components suitable for riot control purposes, anti-riot and ballistic shields, leg-irons, gang-chains, shackles and electric-shock belts specially designed for restraining human beings, portable anti-riot devices for administering an incapacitating substance, water-cannon, riot control vehicles which have been electrified in order to repel boarders, portable riot control or self-protection devices that administer an electric shock, including electric-shock batons, electric-shock shields, stun-guns, electric-shock dart guns and tasers.
d) Military, police and security training, including the provision of expertise, knowledge or skill in the use of weapons, munitions, paramilitary equipment, components, and related equipment.
e) Sensitive military and dual-use technologies, including but not limited to: encryption devices, super-computers, gas-turbine and rocket-propulsion technology, avionics, thermal-imaging equipment and chemical irritants.
2. "Transfers" shall refer to the movement of arms between two or more jurisdictions pursuant to an agreement regardless of whether for consideration or otherwise.

Article 10 : Signature, ratification and entry into force
1. [Ratification]
2. [Accession]
3. [Entry into force]

Article 11 : Dispute settlement

 

 



G
roupe de recherche et d'information sur la paix et la sécurité
70 Rue de la Consolation, B-1030 Bruxelles
Tél.: +32.2.241 84 20 - Fax : +32.2.245 19 33
Internet : www.grip.org - Courriel : admi@grip.org 

Copyright © GRIP - Bruxelles/Brussels, 2003 -  Webmaster

La reproduction des informations contenues sur ce site est autorisée, sauf à des fins commerciales, moyennant mention de la source et du nom de l'auteur.

Reproduction of information from this site is authorised, except for commercial purposes, provided the source  and the name of the author are acknowledged.