STUDY GUIDE - MUNTRmuntr.org/Study-Guides/DISEC-Study-Guide.pdfSTUDY GUIDE General Assembly First Committee: Disarmament and International Security Regulating the Trade of Conventional

General Assembly First Committee: Disarmament and International Security

Regulating the Trade of Conventional Arms in Middle East and North Africa Focusing on Eradicating Illicit Trade

EuroAsia MUN 2014 Training and Development Conference Page 0

EuroAsia MUN Training and Development Conference

6-8 December, 2013

ANKARA

FOOD AND AGRICULTURE ORGANIZATION

OF THE UNITED NATIONS

STUDY GUIDE




LETTER FROM THE SECRETARY-GENERAL

Esteemed participants,

I am Gökberk Ekinci, the Secretary-General of EuroAsia Model United Nations Training

and Development Conference 2014. I feel more than honored to be welcoming you to the 9th

session of this ambitious work.

Organized under the framework of Model United Nations Association, in accordance with its

vision to familiarize MUN related activities to young people in the country, EuroAsia MUN

2014 is eager to reach wide range of attendants from high schools and universities who are

interested in diplomacy, international relations, politics and the United Nations itself while

constituting a unique experience of debating and socializing at the same time. This year, the

conference takes it a step further as it is composed of 10 committees chosen delicately to the

very attention of the mentioned variety of participants holding economic, social,

humanitarian and real-time crisis committees as well as a joint cabinet crisis simulation

which is a brand new practice for the training and development concept. The academic team

embraces an understanding of content which concerns actual and urgent problems that the

world faces currently in order to create awareness of the facts touched upon over the youth

to which it addresses.

General Assembly First Committee: Disarmament and International Security (GA-I) will be

discussing the agenda, Regulating the trade of conventional arms in Middle East and North

Africa focusing on eradicating illicit trade. The academic content and the structure of the

committee have been prepared by the respected Under-Secretary-General Mert Eney.

Carrying out his work outstandingly, Mr. Eney have prepared the academic document

regarding the very agenda which holds utmost importance currently in MENA region as it

occupies the agenda of the international community with his ambitious and visionary

performance on this delicate task.

I advise the participants of this well-prepared committee to read the provided guide

thoroughly. You may also go over further readings and key documents which you may find

on our website with the study guide.

For any further questions, please do not hesitate to contact me via [email protected].

Best regards

Gökberk Ekinci

Secretary-General of EuroAsia MUN Training and Development Conference 2014




LETTER FROM THE UNDER-SECRETARY-GENERAL

Dear participants,

It is a pleasure for us to welcome you all to the General Assembly First Committee:

Disarmament and International Security Council of Euroasia Model United Nations Training

& Development Conference 2014.

My name is Mert Eney and I will be serving as the Under Secretary General responsible for

the General Assembly First Committee: Disarmament and International Security and the

Arab League. I am currently studying Law in Bilkent University as a sophomore. I have

been a part of the global MUN platform since my first year in high school, participating in

various positions. MUN has become a vital part of my life, and I find it simply impossible to

imagine my life without it.

Consequently, designed both for experienced and inexperienced delegates, Euroasia MUN

with its high quality organization, is a perfect ground to welcome new comers—to serve the

best possible quality of debate, and the discourse environment—as well as those experienced

individuals. I believe that Euroasia MUN will provide all of its participants with satisfaction

derived from researching, creating and learning.

In Euroasia MUN 2014, by simulating DISEC, amongst the most dynamic and vital organs

of United Nations, the conference will hold a groundbreaking position in the universal

platform with addressing questions of illicit arms trade and conventional arms regulation. In

Euroasia MUN 2014, and especially in the DISEC, delegates will be exposed to

contemporary forms of discussion, with conceptual topics on the problem of the illegal arms

trade with a regional perspective.

I would like to distinctively thank our Secretary General Mr. Gökberk Ekinci and our

Academic Advisor Ms. Nezahat Yeşim Yargıcı, for their utmost effort in preparing this

document. I hope that this study guide will provide a pathway to your experience of Euroasia

MUN Training & Development Conference.

Mert Eney

Under-Secretary-General responsible for GA I: DISEC and Arab League




Introduction to the General

Assembly First Committee:

Disarmament and International

Security

The United Nations General Assembly

(UNGA) is one of the six main organs of

the United Nations, being a chief

deliberative, policymaking and

representative organi of the United

Nations.ii General Assembly was

amongst the primarily established

organs of the United Nations, holding its

first meeting in 1945.iii The GA

comprises of all 193 Members of the UN

with equal representation principle—

which is that each Member State has

one vote.iv With this principle, the

General Assembly is the only organ in

which an equality of such is established.

The General Assembly focuses on a

broad spectrum of topics, including

matter of peace and security, admission

of new members and budgetary

regulations.

DISEC also has an agenda spanning over

a wide range of topics covering

disarmament and international

security. Principles governing

disarmament and the regulation of

armaments; promotion of cooperative

arrangements and measures aimed at

strengthening the stability through

lower levels of armamentsv is among its

chief themes of discussion.

‘‘DISEC works in close cooperation with

two bodies, namely Geneva based

Conference on Disarmament (CD) and

the UN Disarmament Commission

(UNDC) which was established by the UN

Special Session on Disarmament in

1978.vi While the Commission deals with

a smaller number of items than the First

Committee and in greater detail; CD

focuses on negotiation of treaties.vii

Although CD sets its own agenda, it is

funded by the UN and reports to the

General Assembly.viii Also reporting to the

General Assembly, it is decided by GA’s

decision that as of 2000, the UNDC would

normally comprise two substantive items

per year from the whole range of

disarmament issues, including one on

nuclear disarmament.ixx

The sessions of DISEC are structured in

three main parts of discussion: firstly, a

general debate is established for the

given agenda item; secondly, a thematic




discussion is held for covering all

aspects of the agenda item; and lastly

member states take action on drafting a

document that will be composed of

possible solutions to the problem given

in the agenda item.xixii

Charter of the United Nations discusses

the role of its establishment as ‘‘To

maintain international peace and

security, and to that end: to take effective

collective measures for the prevention

and removal of threats to the peace, and

for the suppression of acts of aggression

or other breaches of the peace, and to

bring about by peaceful means […]’’xiii

which closely parallels with every

objective and asset of the Disarmament

and International Security Council.

A. Introduction and Basic

Overview of the Issue

‘‘Insurgents, armed gang members,

pirates, terrorists - they can all multiply

their force through the use of unlawfully

acquired firepower. The illicit circulation

of small arms, light weapons and their

ammunition destabilizes communities,

and impacts security and development in

all regions of the world.’’xiv

It is a well-known political fact that

both the regions of Middle East and

North Africa have long suffered because

of complications nucleated by trade of

illicit arms and small weapons.

Originally being legitimate and legal,

these weapons are usually obtained

through illegitimate means which

makes the trade illegal altogether.

Mostly obtained by unscrupulous

officials and individuals; these

conductors of an illegal arms trade

almost never face any legal charges in

their name. This illicit trade results in

politically and militant-wise chaotic

problems. When domestic unrest and

careless law enforcement combine in

these regions, governments of these

member states are faced with armed

non-state actors, who elevate terrorist

activity, armed political group threats

and militia related difficulties. Due to

this unregulated weaponry trade

(illegal purchase and sale) amplifies

national unrest and fires conflicts in

neighboring regions—likewise in the

Middle East and North Africa. The

International Committee of the Red

Cross (ICRC) summarizes the

devastating effects of the continuation

of illicit arms trade by these five points:




Illicit Trade of small arms ‘‘facilitates

violations of International Humanitarian

Law, increases civilian suffering, impedes

assistance for the victims, increases the

lethal effects and duration of conflicts,

hampers the delivery of humanitarian

assistance, reconstruction and

reconciliation.’’xv These illegal purchases

of powerful armaments spanning from

small arms —revolvers and self-loading

pistols, rifles and carbines, submachine

guns, assault rifles, and light machine

guns (to light weapons) heavy machine

guns, grenade launchers, portable anti-

aircraft guns, portable anti-tanks guns,

recoilless rifles, portable launchers of

anti-aircraft missile systems— carry an

extremely dangerous nature, and has

been politically, economically and

legislatively shattering.xvi

The international community, especially

the United Nations General Assembly,

has shown efforts in innumerable ways

and angles to stop the flow of illicit

trade within the context of black

markets, armed-conflict regions and

post-conflict nations. Because the trade

is often made between unscrupulous

officials and terrorist groups, it often

leads the way to armed conflicts and

general unrest in given regions, and

causing to unstoppable violations of

The Universal Declaration of Human

Rights; it is essential for the United

Nations General Assembly’s (UNGA)

First Committee to propose a solid

solution for the illicit trade of

conventional arms.xvii

In 2001, the UN held the first global

Conference on the Illicit Trade in Small

Arms and Light Weapons. The

conference proposed the adoption of a

Programme of Action to Prevent, Combat

and Eradicate the Illicit Trade in Small

Arms and Light Weapons in All Its

Aspects. The United Nations Office for

Disarmament Affairs (UNODA), an

Office of the United Nations Secretariat,

works closely with UNGA and the

Disarmament Commission (DC) reviews

the illicit trade of conventional arms by

statingxviii ‘‘In all parts of the world, the

ready availability of weapons and

ammunition has led to human suffering,

political repression, crime and terror

among civilian populations. Irresponsible

transfers of conventional weapons can

destabilize security in a region, enable

the violation of Security Council arms

embargoes and contribute to human




rights abuses. Importantly, investment is

discouraged and development disrupted

in countries experiencing conflict and

high levels of violence, which also affect

their ability to attain the Millennium

Development Goals.’’xix

All member states of the United Nations

have responsibilities regarding the

safeguard of public well-being, and

national peace and security.

Governments must be able to ensure

that conventional arms from

government stocks/private ownership

are not misused and does not revolve in

illicit circuits, which most definitely

leads to political instability and to

exacerbating poverty. Conventional

arms supply to areas of crisis is varied.

Domestically, small arms can enter

illicit circulation through distribution,

theft, leakage, divergence, pilferage or

resale.xx Small arms are often shipped to

conflict zones from abroad, and mostly

happening in small-scale

consignments—a steady smuggle of

weapons across porous borderlines.xxi

The cumulative destabilizing force of

such small-scale trade must not be

underestimated, particularly in

unstable regions like the Middle East

and North Africa, where conventional

arms are traded and transferred from

one conflict zone to another.xxii

To meet with these goals, the United

Nations member states have signed

documents regulating the trade of

conventional arms—prohibiting the

illicit trade thereof—the Firearms

Protocol, the Programme of Action on

small arms and the Basic Principles on

the Use of Force and Firearms by Law

Enforcement Officials.xxiii Because the

dynamics of the issue is extremely

difficult to follow and control, a basic

illegal purchase of a conventional arm

can result in issues like—including but

definitely not limited to—armed

violence, child soldiers, the protection

of civilians in armed conflicts,

ammunition, terrorist action, armed

uprisings and related complex issues

regarding armed activities.xxiv

The orthodox use of complete types of

conventional weapons in war time is

structured by the Geneva Conventions

and other international documents

regulating legislations on armed

conflicts. Certain other types of

conventional weapons are also




controlled or banned under the United

Nations Convention on Certain

Conventional Weapons. Other are

prohibited under the Convention on

Cluster Munitions and the Convention on

the Prohibition of the Use, Stockpiling,

Production and Transfer of Anti-

Personnel Mines and on their

Destruction. However, it is certain these

conventions are not adequate in

creating a safe and viable environment

for individuals to live in, especially in

the Middle East and North Africa.xxv

Contemporary armed conflicts are

fought with sides having,

predominantly conventional arms—

small arms and light weaponry—which

are broadly accessible in areas of crisis.

They are mostly used in inter-state

conflicts which arises many problems

regarding political disputes and

economical clashes. Conventional arms

are mainly the weapons of choice in

civil wars and for terrorism, organized

crime and gang warfare. It is a pivotal

duty for DISEC to find a solution for this

dynamic, fundamental problem.

B. Explanation of Important

Terms

I) Armed Conflict

‘‘An armed conflict is defined as a

contested incompatibility that concerns

government and/or territory where the

use of armed force between two parties,

of which at least one is the government

of a state, results in at least 25 battle-

related deaths in one calendar year.’’xxvi

II) Asymmetric Warfare

Asymmetric warfare refers to a war in

which the opposing sides have vastly

differing military power, or use

radically different strategies or tactics.

Asymmetric warfare often involves

unconventional warfare, in an attempt

for each side to offset its weaknesses or

deficiencies. Asymmetric warfare is also

used to describe guerrilla warfare,

insurgency, terrorism,

counterinsurgency or

counterterrorism.xxvii

III) Arms broker

An arms broker is named for an

individual or an organized group of

individuals that assists the allocation of




weapons from manufacturers to

purchasers. Arms brokers tend to dodge

law by taking advantage from ambiguity

in certain legislative matters in

international law. The arms broker, in

the aim to facilitate the weaponry sale

to unauthorized recipients, carries this

act.xxviii

IV) Arms Control

Arms control is a term for international

sanctions put upon the development,

production, stockpiling, proliferation

and usage of weapons. The term is

predominantly used for weapons of

mass destruction. Arms control is

basically exercised through diplomacy,

and it shows itself through the

construction of international treaties

and agreements, ‘‘although it may also

comprise efforts by a nation or group of

nations to enforce limitations upon a

non-consenting country.’’xxix

V) The Universal Declaration of

Human Rights

The UN General Assembly adopted the

Universal Declaration of Human Rights

(UDHR) in 1948. The Declaration serves

as an expression of rights held by

humans internationally, and rose in

response to the cruelties of World War

II. The Declaration consists of 30

articles outlining the rights to which

every human is entitled.

VII) Open Border/Free Trade

An open border is defined as a border

which enables free, mostly unregulated

movement of individuals amongst two

separate jurisdictions. This

arrangement can be intentional, made

possible by legislations and

intergovernmental treaties, however it

can also happen due to lack of adequate

enforcement and regulation, mostly in

conflict zones. An example of open

border is structured between European

Union (EU) states, where individuals

with an EU passport can travel between

member states with almost no

regulation.

An equivalent concept to open border

for the free flow of goods and services is

free trade. Free trade is the policy in

international markets where goods are

imported/exported without the (or

with a slight care) regulation of the

government. Free trade is exemplified

by the European Union / European

Economic Area.xxx




VIII) Illicit arms trade

Illicit arms trade refers to illegal actions

in which weapons are trafficked. It is

also known as the international

weapons blacks market. Hand guns,

pistols, sub-machine guns, mortars,

landmines, grenades, light missiles and

such small weapons are unlawfully sold

to unintended and unlicensed

recipients.xxxi Insurgents, armed gang

members, pirates, terrorists and other

illegal forms of armed groups practice

illicit arms trade.xxxii The illicit

channeling of small arms/light weapons

and their ammunition to recipients

threatens communities with

overgrowing security and

developmental problems.xxxiii

IX) Small arms and light weapons

Both small arms and light weapons are

weapons that can be carried because of

their easy logistics. ‘‘Small arms include

revolvers and self-loading pistols, rifles

and carbines, assault rifles, submachine

guns and light machine guns. Light

weapons include heavy machine guns,

hand-held grenade launchers, portable

anti-aircraft and anti-tank guns,

recoilless rifles, portable launchers of

anti-aircraft and anti-tank missile

systems, and mortars of calibres of less

than 100 mm.’’xxxiv Together they

comprise the Small Arms and Light

Weapons (SALW) protocol.xxxv

According to the United Nations: "Since

weapons in this class are capable of

being carried, if a small arm, by one

person or, if a light arm, by two or more

people, a pack animal or a light vehicle,

they allow for mobile operations where

heavy mechanized and air forces are not

available or are restricted in their

capabilities owing to difficult mountain,

jungle or urban terrain."xxxvi –

Throughout this study guide, the term

conventional arms will be used as an

umbrella concept, comprising of small

arms and light weapons—

X) Stockpiling and Stockpile

Management

‘‘A stockpile is a pile or storage location

for bulk materials, forming part of the

bulk material handling process.’’xxxvii

Stockpiling is also used for stocking

weaponry that is in excess at the time of

a given countries military activity.

These weapons are carefully managed

and can act as a danger for they can be

relocated by illegitimate means.

‘‘Stockpile management and control is

one of the most acute small arms




problems. "Leaking" Government

stockpiles are prominent sources of

illegal small arms in circulation.

Generally, surplus and obsolete weapons

are better destroyed than stored. In post

conflict settings, the immediate

destruction of surplus weapons and

ammunition removes possible fuel for

new instability.’’xxxviii

C. Detailed Background of the

Issue

I) Regulating and Redefining

Conventional Arms Trade

a. The Historical Development

of the Concept

Although it is certain that the illicit

trade of conventional arms is going on

for over decades, the first valuable

attempt to address it was the ‘United

Nations Conference on the Illicit Trade

in Small Arms and Light Weapons in All

Its Aspects’.xxxix The conference was

held between 9th and 20th of July 2001

in New York. After the extensive two

week duration, the conference adopted

the 'Programme of Action to Prevent,

Combat and Eradicate the Illicit Trade

in Small Arms and Light Weapons in All

Its Aspects.' In this report, member

states are engaged to report to the UN

regarding the development of their

implementation of the UN Programme

of Action (PoA)xl

A review conference was held between

26th of June and 7th of July 2006, as

requested by the United Nations

General Assembly. In between these

two conferences, a substantive

controversy emerged regarding the

importance of illicit arms trade in

organized crime & terrorist activity. The

question is not raised about the

extremely high instance of small arms

violence and the occurrence of illicitly

obtained weapons in armed conflict

areas, but the effect they serve in

creating turmoil is interrogated.

Because other societal factors also play

a huge amount in creating armed crises,

many states questioned the importance

of illicit arms trade in these areas. Due

to this controversy raised regarding the

effect of illicit arms trade, the review

conference was plagued by

disagreements and states were

incapable on agreeing upon a

substantive outcome.




Four Biennial Meetings of States were

conducted to consider the

implementation of the Programme of

Action, in the years 2003, 2005, 2008

and 2010.xli A second conference on the

issue assembled in New York, from 27

August to 7 September 2012.xlii

b. Contemporary Issues

Regarding the Problem

Small Arms Survey, an independent

research project providing impartial

and public information regarding small

arms and light weapons, estimates

around 90 countries that are currently

involved in small arms production.xliii

The United States, the Russian

Federation and China are among the

world’s largest producers of small arms

and light weapons. Nevertheless, the

production of such arms can be traced

in almost every region in the world,

with the majority being Europe and

Asia.xliv While a handful of surveys state

that the global small arms market

seems to shrink since its peak in 1980-

90, the current unrest in Middle East

and North Africa poses an overgrowing

threat to the problem; thus refuting

idea as a whole.xlv Moreover, an

increasing number of countries and

companies are involved in small arms

production which challenges the claim

regarding its adequacy.

The total annual value of global legal

trade in small arms is estimated to be

about 4 billion USD.xlvi Moreover, an

undocumented trade of small arms in

the black market is an overgrowing

problem, in addition to these legal

transactions. Small Arms Survey

estimates around 1 billion USD per year

for this undocumented black market

trade.xlvii The International Committee

of the Red Cross exemplifies the

problem with stating ‘‘this constitutes

only a small proportion of the total value

of the conventional arms trade (possibly

between 5-13 percent), yet these

weapons account for the majority of

casualties in most current armed

conflicts.’’xlviii

With the current political problems in

Middle East and North Africa

(aftermath of events known as ‘Arab

Spring’, regime changes in Egypt and

Libya, terrorist activity of ISIS and

related armed conflicts) the problem of

illicit trade grows due to common

unrest in the region. The illicit arms




trade will gain continuity if the unrest is

not properly handled.

Small arms and light weapons create a

massive problem in a humanitarian

context. Conventional arms carry out

almost all of the current armed activity

in Middle East and North Africa.

Because of their highly durable, easy to

use nature and their easiness in

carrying and maintaining, they became

the weapon-of-choice for many

decades.xlix With no requirement for

excessive training in order to learn how

to use the weapon, small arms become

‘highly lethal tools’.l When combined

with low cost and widespread

availability, these features have

elevated the usage of small arms,

making them the first choice for armed

conflicts and terrorist activity all

around the world—thus fueling

international humanitarian law

violations and insecurity in many parts

of the world.li

The ICRC is highly active on the matter

of illicit small arms trade regarding its

humanitarian aspects; they explicitly

point to the complexity of the problem:

‘‘unlike major weapons systems, the

availability of small arms and light

weapons is subject to few internationally

recognized rules and their regulation

poses particular challenges. In contrast

to weapons that have been banned

because they violate the basic norms of

international humanitarian law—such

as anti-personnel mines—small arms are

not in themselves unlawful weapons.

Most small arms have legitimate uses,

including for law enforcement and

national defence. A prohibition is

therefore not a solution. What is

required instead is adequate regulation

of their availability and use.’’lii

To reduce and degrade the devastating

effects of armed violence, specifically

dealing with illicit arms trade is not

enough. Complementary efforts must be

carried in order to influence the

behavior of those bearing weapons and

to protect and assist the victims.liii Small

arms and light weapons are normally

produced and acquired through

legitimate means; however their

entrance to the black market in huge

amounts interlocks the issue. Therefore,

although the sole elimination of illicit

arms trade will not end armed conflicts

in Middle East and North Africa, it will




certainly degrade the complexity of the

issue to a much more simplified state—

which will, with regards to the problem,

create a vast difference towards a

possible positive outcome.liv

‘‘Transnational illicit trades are the

primary concern because they occur

beyond state control and because they

clandestinely introduce new military

capability (power) to users that would

otherwise be isolated from the global

supply of arms. While intra-state black

transfers are problematic, they are

generally not on the scale of

transnational flows. This typology allows

refinement of the “small arms problem”

to the disruption of transnational illicit

flows to specified states or regions.

The global supply of small arms is

sufficient to deliver vast quantities of

weapons and sufficient global trade

infrastructure enables transfer anywhere

in the world. Group demand is primarily

of the producer-possessor type: arms

demand stems from the instrumental use

of the weapons in violent conflict.

Demand, a function of motivation and

means, derives (primarily) from

achievement of a group’s purpose. This

kind of demand is strongly tied to the

root causes of violent conflict – thus

presenting a tough problem for arms

trade policy.

The physical flow of arms in the

transnational illicit market is dependent

on the functioning of the social network.

The broker is the central figure and

coordinator of the illicit network that

enables delivery of arms from producer-

suppliers to end users.’’lv

II) Complexity of Illicit Arms Trade in

Regions

a. Complications originated from

Arab Spring and the North

African Trade

The Arab Spring swept the

contemporary sociopolitical landscape

of North Africa with interconnected

anti-regime riots all over the region.

The radical occurrence also affected the

Middle East, thus creating a political

unrest in the region, as mentioned

above. The triggered instability in the

region succeeded into breaking

governmental and regulatory bodies.

Countries like Egypt, Tunisia and Libya

went through fundamental changes

regarding its political structure, social

integration and economical stability.

Due to the breakdown of central




regulatory bodies, the management of

small weapons was lost, which created

armed individuals. Consequently, the

Arab Spring has fueled the leakage of

small weapons into surrounding areas

and neighboring countries, aiding the

black market small arms/light weapons

trade and violence by non-state

actors.lvi

Post-Arab Spring political landscape,

notably the state of Libya, has

contributed in vast amounts to the

development of a small arms black

market. Libya has been named as the

primary source of the illicit arms trade

in the region, which UN’s independent

panel on Libya’s sanctions announced

that the trade is fueling armed conflicts

in at least 14 countries around the

world.lvii In a report to United Nations

Security Council (UNSC), Libya

sanctions committee chair, Rwandan

Ambassador Eugene Gasana, noted that

the post-Gaddafi government is

struggling to protect the country in

which a number of armed tribal militias

denounce Tripoli’s authority.lviii

“The panel noted that the control of non-

state armed actors over the majority of

stockpiles in Libya as well as ineffective

border control systems remained

primary obstacles to countering

proliferation and that Libya had become

a primary source of illicit weapons,

including MANPADs [portable air

defense systems],” Gasana told the

Council.1

Libya has let weapons fall into the

hands of radical elements on several

continents due to the fact that they

were unable to ensure their border

safety. “Transfers to 14 countries

reflected a highly diversified range of

trafficking dynamics; and that

trafficking from Libya was fueling

conflict and insecurity – including

terrorism – on several continents,”

Gasana added.lix

The illicit arms trade can result in

surprising and unintended occurrences.

For instance, weaponry that was

believed to be originated from Libya

holds a great responsibility in fuelling

the conflicts in Mali, which took place in

2012—between Malian government

and rebel groups.lx Also in 2012, Israeli

officials stated that anti-aircraft missiles

1 Quoted firstly in reuters.com




of shoulder-launched type were fired

near the Gaza Strip, in an effort to

damage an Israeli aircraft.lxi The rear

occurrence of the high-tech weaponry

raised questions regarding its origin,

which was later traced back to Libya. It

was the first time that such high tech

weaponry was used by non-state armed

actors.lxii These events arguably hints to

the possible future, where modernized

terrorist groups emerge by the help of

these sophisticated weaponry.

b. Chronic Instability in Middle

East

The Middle East is known for being the

largest body of arms market in the

developing world. Legal Sales in the

region account for almost partially to all

sales in the developing states, with the

U.S. providing nearly two-thirds of the

arms for the region.lxiii The scale of small

arms and light weapons sales to the

region is a clear indication to the

instability in the region, and common

terrorist activity dealt in the Middle

East. It is known that up to 40 billion

USD is collected annually for legal sales

of conventional arms. The unrest in the

region is a product of international,

regional and intrastate level conflicts

mostly arising from armed violence.lxiv

Consequently, ‘‘the demand for small

arms in the Middle East is derived from

the region’s persistent state of conflict

and cultural preference for arms.

International, regional, and state

instability drive the import of arms for

both states and non-state actors.

Individuals and groups in the region

regard small arms as a symbol of power,

a product of the tribal culture that

dominates the region. The demand for

arms is likely to endure with the region’s

values and instability. The region’s arms

imports vastly exceed arms exports,

representing both the strength of small

arms demand and the dependence on the

international arms market. As a result of

these conditions, non-state actors such as

terrorists and insurgents rely on illicit

arms trafficking networks to satisfy their

need for arms. The next chapter

examines potential strategies to disrupt

the currently un-controlled flow of arms

to the region.’’lxv

c. Arms Trade Treaty

The General Assembly adopted the

Arms Trade Treaty (ATT), a landmark

in dealing with and regulating the




international trade in conventional

arms, from small arms to battle tanks,

combat aircraft and warships.lxvi It was

approved on second of April, 2013 with

121 states signing the treaty and it was

passed from the General Assembly with

a voting of 154-3-23.lxvii UNGA explains

the treaty’s importance with the quote

‘‘The treaty will foster peace and security

by thwarting uncontrolled destabilizing

arms flows to conflict regions. It will

prevent human rights abusers and

violators of the law of war from being

supplied with arms. And it will help keep

warlords, pirates, and gangs from

acquiring these deadly tools.’’lxviii It will

enter into force on 24 December 2014,

having been ratified or acceded to by

the requisite 50 states.lxix

Figure 1.1 Amnesty International infographic on arms trade [amnesty.org]




United Nations explain the treaty’s

content by "The Arms Trade Treaty

obligates member states to monitor arms

exports and ensure that weapons don't

cross existing arms embargoes or end up

being used for human-rights abuses,

including terrorism. Member states, with

the assistance of the U.N., will put into

place enforceable, standardized arms

import and export regulations (much like

those that already exist in the U.S.) and

be expected to track the destination of

exports to ensure they don't end up in the

wrong hands. Ideally, that means

limiting the inflow of deadly weapons

into places like Syria."lxxlxxilxxii

D. Major Parties Involved

I) United Nations Office for

Disarmament Affairs (UNODA)

UNODA was established in January

1998 as the Department for

Disarmament Affairs which was part of

the Secretary-General’s programme for

reform in accordance with his report to

the General Assembly (A/51/950).lxxiii

The Office promotes the following

assets:

Nuclear disarmament and non-

proliferation

Strengthening of the

disarmament regimes in respect

to other weapons of mass

Figure 1.2 Arms Trade Treaty for which states have signed or ratified the treaty (orange: signed, green: ratified)




destruction, and chemical and

biological weapons

Disarmament efforts in the area

of conventional weapons,

especially landmines and small

arms, which are the weapons of

choice in contemporary

conflicts.lxxiv

The United Nations Office on

Disarmament Affairs has repeatedly

pressed for increased legislation to

prevent illicit arms trade, where it also

examined the weapon stockpiles states

have. Its recent moves are according

with the ratification & update of the

Arms Trade Treaty—common aims

being enabling weapon allocation

tracking and curbing diversion of

weapons.lxxv

a. United Nations Disarmament

Commission (UNDC)

In 1952, the General Assembly, by its

resolution 502 (VI) of January 1952,

created the United Nations

Disarmament Commission (UNDC)

under the Security Council with a

general mandate on disarmament

questions. In the light of its function, the

UNDC focuses on a limited number of

agenda items at each session. lxxviFor

instance, for their annual meeting in

2014, the council discussed specifically

the problem of nuclear disarmament

and non-proliferation of nuclear

weapons.lxxvii

b. International Criminal Police

Organization (INTERPOL)

The International Criminal Police

Organization (INTERPOL) is an

intergovernmental organization

facilitating international police

cooperation. It was established in 1923

and adopted its telegraphic address as

its common name in 1956.lxxviii

INTERPOL predominantly focuses on

matters of public safety such as: battling

terrorism, crimes against humanity, war

crimes, organized crime, and illicit drug

production, drug trafficking, weapons

smuggling and related civic security

questions.lxxix

INTERPOL with its strict working force

has aided United Nations member

states with access on shared databases

regarding illicit arms trade, allowing an

international cooperation between

states and organizations to prevent

arms trafficking. The organization also

provided states with the necessary

utensils to monitor and track the




movement of arms.lxxx

c. African Union

Because of Africa’s suffering from illicit

arms trade and trafficking (and the

resulting armed violence), the African

Union has made countless attempts in

eradicating the trade of conventional

arms. The intergovernmental

organization oversees the functioning of

regional economic communities (REC’s)

and it signed a significant number of

treaties controlling and regulating

arms, which all are in use at this time in

all African Union member states.lxxxi

d. Arab League

The intergovernmental organization

constituting of 22 Arab states, the Arab

League promotes the overall well-being

of its member states and directs them

towards a common goal of peace and

security.lxxxii

The Arab League is publicly supporting

United Nations Security Council (UNSC)

Resolutions on arms embargoes, and to

further support the prevention of illicit

arms trade, it established the League of

Arab States (LAS, also known as Arab

League) Regional Focal Point on Small

Arms in 2004. After the Arms Trade

Treaty was put on force, the

organization declared international

cooperation and information sharing

regarding the problem.lxxxiii The

following are key articles from the Arab

Convention on Terrorism (1999) which

reflects the position of Arab League

regarding the illicit arms trade.lxxxiv

‘‘To develop and strengthen systems for

the detection of the movement,

importation, exportation, stockpiling and

use of weapons, munitions and explosives

and of other means of aggression,

murder and destruction as well as

procedures for monitoring their passage

through customs and across borders in

order to prevent their transfer from or

Contracting State to another or to third-

party other than lawful purposes.”

-Article 3 on “Preventive Measures”

‘‘Lead to the seizure of any weapons,

munitions or explosives or any devices or

funds used or intended for use to commit

a terrorist offence.”

- Article 4 on “Exchanging Information”




E. Possible Solutions

I) Disarmament of civilians and

militias in post-conflict regions

This is a key concept in preventing the

illicit trade of small arms, as it ensures

the disarmament after times of war,

where civilians and militias gained

control over a range of small arms and

light weapons. This weaponry serves a

great risk in entering black market and

returning to the hands of non-

governmental armed actors. Because

governments become unstable and

unbalanced after times of crises and

conflict, it is best that an international

intervention taking place to start a

region-based campaign on collecting

weapons. Where civilians and militias

refuse to return their weaponry,

military intervention can be discussed

to take place.

II) Peacekeeping forces ratification

Peacekeeping forces that are being sent

to conflict areas also serve a risk in

unlawfully acquiring small arms. To

prevent this, international cooperation

on the ratification of peacekeeping

forces sent to armed conflict areas can

took place, as well as a close monitoring

of which men/women to send to the

areas. If this problem is not dealt with,

it can result in the eventual

recuperation of these weapons.

III) Ensuring strict border control in

regions of armed conflict

Lack of border control and checkpoint

safety is undoubtedly one of the main

reasons why the small arms black

market is working in great efficiency

today. There must be international

collaboration in this concept in order to

ensure a strict border control,

especially in armed conflicts, to prevent

small weapon leakage to black market.

IV) Illicit weapons trafficking law

ratification

Another key point to deal with illicit

arms trade is the ratification of

international law documents, in order

to battle this crucial problems legal

matter. Especially in Africa and North

Africa, member states continue to suffer

from very non-to-little-regulated

private sector arms sales—this factor

allows corrupt arms brokers to make

trade with crooked

individuals/criminals.




V) Ratification of the arms trade

treaty

The Arms Trade Treaty must be ratified

and put into force in order to establish a

solid regulation for illicit arms trade.

VII) Increased transparency on

weapons deals

The current devastating situation of

illicit arms trade depends in huge

amount to the lack of transparency of

governments and arms brokers. The

weapon deals are mostly carried out in

disclosed environments and often end

up being unrecorded and unregulated.

Increased transparency in an

intergovernmental level will harden the

trade of small arms, and ensure a

significant drop in illicit sales of such

arms.

VIII) Detection of corrupt

government and military officials

Corrupt government and military

officials carry out, in large portions, the

trade of illicit arms in both North Africa

and Middle East. A close examination of

officials regarding the detection of

corrupt individuals must be carried out

actively by states. Economic

communities could ratify laws and

regional squads can be established to

serve such purpose.

F. UN Resolutions and Relevant

Treaties and Events

The United Nations, in all of its principal

organs, has been thoroughly involved in

this problem of illicit trade of

conventional arms through several

resolutions, conferences, conventions,

programs, and treaties. Its action plan

has been systematic, covering grounds

of both theoretical analysis and case

examination.

Programs and non-resolution treaties

include:

The UN Conference on Illicit

Trade in Small Arms and Light

Weapons of 2001

United Nations Program of

Action to Prevent, Combat and

Eradicate the Illicit Trade in

Small Arms and Light Weapons

in All Its Aspects

UN Protocol against the Illicit

Manufacturing of and Trafficking

in Firearms, Their Parts and

Components and Ammunition.




Resolutions include:

General and Complete

Disarmament, 10 January 2002

(A/RES/56/24)

Assistance to States for curbing

the illicit traffic in small arms

and collecting them, 8 January

2003 (A/RES/57/70)

Promotion at the regional level

in the Organization for Security

and Cooperation in Europe of the

United Nations programme of

action on the illicit trade in small

arms and light weapons in all its

aspects, 17 December 2003

(A/RES/58/55)

Addressing the negative

humanitarian and development

impact of the illicit manufacture,

transfer and circulation of small

arms and light weapons and

their excessive accumulation, 6

January 2006 (A/RES/60/68)

Towards an Arms Trade Treaty,

6 December 2006

(A/RES/61/89)

Promoting development through

the reduction and prevention of

armed violence, 16 December

2008 (A/RES/63/23)lxxxv

G. Conclusion

The United Nations is directly affected

by the absence of regulations or

negligent controls on the arms trade.

Because the United Nations is working

to improve lives and livelihoods around

the world, and those who are affected

most by illicit arms trade is civilians

trapped in situations of armed violence,

it is the General Assembly’s duty to

ensure a secure environment free of

small arms trafficking. Civilians, often in

conditions of poverty, deprivation and

extreme inequality in areas of armed

conflict, they are threatened by the

misuse of arms by State armed and

security forces, non-State armed groups

and organized criminal groups.lxxxvi

Inadequate regulations on small arms

and light weapons trade have led to

mainstreaming of such weapons

through its widespread availability.

Civilians are not the only group of

individuals affected by the illegal usage

of small arms, but UN and other

humanitarian organizations’ officials

are also endangered by the usage of

such weapons. It is DISEC’s duty to

ensure international peace and security,

promote social and economic




development, and support

peacekeeping operations, peace-

building efforts 7and to monitor

sanctions and arms embargoes. It is a

pivotal duty for DISEC to find a solution

for this dynamic, fundamental problem.

H) Points That a Resolution

Should Cover

Measures to incorporate an

international behavior for the

disarmament of civilians and

militias in post-conflict regions

Action plan for the United

Nations to update the current

application process of

peacekeeping forces

Means for all member states to

enhance for all of border control

while making sure the

procedures are transparent

international committees to act

Analysis of the ratification trend

and ways to increase the

ratification rates of illicit

weapons trafficking law

How can member states ensure

one another regarding their

transparency in handling small

arms control

The assessment of whether

international involvement can be

integrated in the detection of

corrupt governmental & military

officials

Enhancing the means of

communication such

international media to

cover/spread awareness

regarding the problems small

arms cause

Definite solutions to enhance the

past action plans and

reconsideration of the position

of the United Nations towards

the illicit trade of conventional

arms, vis-à-vis methods for

stronger international

cooperation on the matter




lxxxvii




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lxviii Ibid.




lxix ARMS TRADE TREATY NEW YORK, 2

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