Edited by Stephen Tully
Chapter 93: UN: Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the UN Convention against Transnational Organized Crime, 2001
Commentary: In 2001 the UN held a conference on the illicit trade in small arms and light weapons in all its aspects and formulated an action programme: see Conference Report, UN Doc A/CONF.192/15. See further, UN (2001), ‘Report of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime on the work of its twelfth session’, UN Doc A/55/383/Add.2 and the interpretative notes for the official records (travaux préparatoires) for the Protocol’s negotiation in UN Doc A/55/383/Add.3 (2001). See also, UN (1999), ‘Report on the feasibility of restricting the manufacture and trade of small arms to manufacturers and dealers authorized by States’, UN Doc A/54/160; UN SecretaryGeneral (2000), ‘Report on the Illicit Traffic in Small Arms’, UN Doc A/55/323. Negotiators considered existing initiatives, including the ‘1991 Guidelines for International Arms Transfers: UN Disarmament Commission’ (1991), UN Doc A/51/42, Annex to Report. See further, UN Secretary-General (1991), A compilation of all texts of principles, guidelines or recommendations on subject items adopted unanimously by the Disarmament Commission, UN Doc A/51/182; UN SecretaryGeneral (1991), ‘Ways and means of promoting transparency in international transfer of conventional arms’, UN Doc A/46/301. The Protocol extracted below was adopted by UNGA Resolution 55/255 (2001) and is not yet in force. Article 6 contemplates confiscation, seizure and disposal, Article 7 provides for record-keeping and Article 9 envisages deactivating firearms. The first biennial meeting to consider implementing the programme of action was conducted during 2003: see UN Doc A/CONF.192/BMS/2003/1. The Conventional Arms Branch of...
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