International Committee of the Red Cross summary report
Oslo
18-20 May 1998
Expert Group Meeting on Arms Availability and Violations of International Humanitarian Law and the Deterioration of the Situation of Civilians In Armed Conflict
The widespread availability of arms, particularly of small arms and light weapons, has:
1. facilitated violations of human rights, resulting in increased tensions and societal conflicts;
2. facilitated massive violations of international humanitarian law (the laws of war) in recent armed conflicts; and
3. hindered post-conflict reconciliation and reconstruction.
Bringing the flow of such weapons and ammunition under national, regional and international control should be among the highest priorities on the agenda of governments and intergovernmental and non-governmental organisations. As a minimum first step, governments should immediately halt arms transfers to parties undertaking or preparing grave violations of human rights or international humanitarian law. National legislation on arms transfers should fully reflect the commitments of a State under international law.
In the absence of vigorous efforts to address the problem of arms availability, the suffering of civilian populations, both during and after armed conflicts, can be expected to increase in the years ahead as new sources of weapons become available through the reduction of armed forces, privatization of arms industries, the "upgrading" of existing arsenals when accompanied by the transfer of old weapons to other regions and by other means. Under such conditions the provision of development or relief assistance to populations in need and the promotion of respect for international humanitarian law will become ever more difficult, dangerous and costly.
The statement above reflects a central conclusion of a group of twenty-six experts on various aspects of the problems of arms availability which met in Oslo from 18-20 May 1998 under the auspices of the International Committee of the Red Cross (ICRC) and the Norwegian Red Cross. The participants from 14 countries in Africa, the Americas, Asia and Europe included government officials involved in licensing, limiting and policing arms transfers, military and academic experts, representatives of the United Nations and specialists from a number of international humanitarian organisations.
The expert group met to provide specialist support and advice for a study on "Arms Availability and Violations of International Humanitarian Law and the Deterioration of the Situation of Civilians in Armed Conflict" which the ICRC was mandated to conduct by States Parties to the Geneva Conventions at the 26th International Conference of the Red Cross and Red Crescent (1995).
Participants were encouraged by the many efforts currently being undertaken to begin placing stricter limits on the availability of small arms, light weapons and ammunition. These include:
• Moratoria on the production, import and export of light arms by West African countries members of ECOWAS as proposed by the Republic of Mali;
• The Convention to combat illicit trafficking in arms and explosives adopted by the Organisation of American States in 1997; · The European Union's program to prevent and combat illicit arms transfers;
• Specific proposals in the United Nations context for the control of small arms and light weapons on the basis of humanitarian, security and crime control considerations;
• National legislation in a number of arms producing and exporting countries regulating their arms transfers; and
• A growing number of dynamic non-governmental and local community initiatives addressing arms availability, small arms transferand gun control.
Participants considered that such efforts are important early steps towards addressing the humanitarian problems caused by unrestrained arms availability. However, these ad hoc responses to the proliferation of arms into conflict areas must urgently become part of a coherent international strategy for the control of both licit and illicit transfers of small arms, light weapons and ammunition. Such a strategy will not only ease the plight of civilians in situations of armed conflict but will produce important benefits in relation to economic development, national and regional stability and human rights.
Participants stressed that regional actions, supported by civil society and governmental implementation and the respect and support of non-regional states, will be a cornerstone of effective strategies for developing norms on the transfer of arms and ammunition and for the control of their illicit transfer. Without a harmonized regional approach the efforts of any one country to regulate arms on its territory can easily be undermined. On the other hand, regional efforts to limit arms availability require and deserve the support of the entire international community. Participants proposed a wide range of measures which should be considered at the national, regional and international levels:
1. National
a. Legislation requiring
scrutiny of all arms exports on the basis of a recipient's respect for international
humanitarian law, human rights and other internationally accepted norms should
be elaborated.
b. States should have legislation which ensures the responsible use, storage, distribution and disposal of arms in their possession, with appropriate penalties for violations and the involvement of civil society in monitoring.
c. National databases of licensed arms, ammunition production facilities and commercial arms traders should be established and maintained.
d. Agents engaged in brokering international arms transactions should be licensed and transfers arranged by such agents made subject to governmental approval. Consideration may be given to entirely prohibiting arms transfers to such agents by requiring that all sales be made to governments.
e. States should observe international arms embargoes and introduce legislation making the violation of such embargoes a punishable offence for its own nationals even if the breach takes place outside the national territory.
f. Improved controls are needed on cross-border movements of arms and ammunition, including by "transit countries" which may neither be the producer nor the recipient of the arms in question.
g. Within the framework of development and peace-building processes support should be provided for field surveys by local and national organisations on the human costs of arms availability, based on a common international survey instrument.
h. Improved inter-ministerial co-operation and information-sharing within both supplier and recipient governments is needed.
i. A tax could be imposed on ammunition production to provide resources to address the negative health affects of arms use and for the eventual re- purchase and destruction of surplus arms.
j. The system of "end-users" certificates needs to be significantly strengthened. They should be applied to agents as well as to exporting and importing governments. Specific penalties for violation of end-user certifications by recipients as well as eventual destruction of surplus arms should be built into end-user agreements. Means of monitoring the further transfer of small arms and light weapons should be investigated.
k. Increased resources and training for police and customs services are needed.
l. In support of point "a" to "e" above model legislation should be developed.
2. Regional
a. Regional and sub-regional
initiatives to ensure greater respect for international humanitarian law and
human rights standards among states facing common problems due to arms availability
should be encouraged and supported.
b. Moratoria on the production, import and export of weapons, such as that currently being considered in West Africa, should be considered in other regions.
c. Regional mechanisms to support the implementation and verification of moratoria and other arms limitations measures should be developed.
d. Significantly enhanced regional cooperation among police and customs agencies will be needed for the effective implementation of both national and regional measures.
e. Regional States should observe and respect international arms embargoes and support them by creating the necessary implementing mechanisms.
3. International
a. States and intergovernmental
organisations should develop global "codes of conduct" on arms transfers which
promote respect for human rights and international humanitarian law. Such
"codes" should be translated into law at the national level.
b. Improved early warning mechanisms should be created by intergovernmental organisations through which States will be alerted to the likely use of weapons in violation of the norms of international humanitarian law, human rights law and other internationally accepted norms.
c. The immediate destruction of surplus arms and ammunition, to prevent their further diffusion, should be an integral part of peace agreements and demobilization processes.
d. A simple guide should be developed by non-governmental organisations to facilitate the identification of small arms and light weapons by local and international observers.
e. Organisations with experience in the conduct of field surveys on the effect of arms availability should develop a common survey instrument.
f. In addition, the organisations mentioned above (point "e") should develop and propose a set of arms-related questions for use by all national and international agencies which routinely conduct surveys on social-economic problems.
g. When imposed, international arms embargoes should be accompanied by effective mechanisms of implementation and enforcement.
h. International assistance should be made available to States to dispose of surplus arms and ammunition and to increase the capacity of law enforcement agencies to curb illicit transfer and use of arms.
i. A global transparency regime, including a reliable system for marking arms and ammunition at the time of manufacture, should be established to facilitate the identification of movements of small arms and light weapons and to promote confidence and stability.
ll participants stressed that what is at stake in the debate on arms availability is the rule of law, whether in a national or international context. Respect for legal and societal norms, such as those contained in international humanitarian law, human rights or other fields, requires limits on the availability of the tools which may be used to undermine the law and to inflict horrendous levels of suffering on the very populations which legal norms are intended to serve and protect. The growth of a culture of violence, encouraged by the easy availability of small arms is a major obstacle to the development of peaceful, prosperous and just societies, particularly in countries recovering from violent conflict. The availability of arms cannot simply be governed by the laws of supply and demand. The control of arms availability based on humanitarian law, development, human rights and other criteria should be among the highest priorities of the international community.
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