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Title – Fostering ATT (ArmsTrade Treaty) through Taxation of War Munitions 2. Abstract – Defence industry / production was historically ungoverned (byany central body) throughout the equipment production / induction / employment lifecycle,prior to adoption of ATT by UNGA in Apr 2013. The ATT introduces specific andlegally binding measures to regulate international trade in conventional arms.Although most of the countries are signatory of this treaty yet it is seen thatsome major arms exporters / importers have still not ratified due to one ormany excuses1(National Sovereignty, Defence Needs, Threat from neighbour, the treaty isincomplete, etc.
) Whileit is common that government regulatory authorities collect insurance / roadtax for each car coming on road (as they endanger drivers, pedestrian, othercars). Financial penalties are issued to individuals for all violations onroad, like wrong parking or over-speeding. It never happens that someonedoesn’t pay insurance / road tax / penalties because he/she doesn’t ratify thegovernment laws.
The laws are there and they are meant to be followed. On theother hand, we see that there exists no requirement of insurance / taxation /penalties when it comes to weapons (with destructive / damaging capability). Ifwe see from purely humanitarian point of view, each weapon inducted / producedis directly proportional to the risk / threat to human life / material. Thereis no international governing body which could tax NBC weapons, conventionalmunitions, fighter aircrafts, combat helicopters, tanks and artillery. This isthe prime reason that UN charters and treaties are taken lightly by membercountries as there are no financial bindings / compulsions involved.
Thequantity of war munitions and its stockpiling is still on the rise.3. Research Context Unlikeweapons of mass destruction and land mines, trade in conventional weapons werehistorically not subject to any legally binding global instrument. The relevantinter-national regulations were made up of a patchwork of UN embargos,transparency agreements, such as the UN Register of Conventional Arms, as wellas voluntary codes of conduct and regional agreements.
The ATT process,launched formally in 2006, was intended to close this gap. TheArms Trade Treaty obligates member states to monitor arms exports and ensurethat weapons don’t cross existing arms embargoes or end up being used forhuman-rights abuses, including terrorism. Member states, with the assistance ofthe U.
N., will put into place enforceable, standardized arms import and exportregulations (much like those that already exist in the U.S.) and be expected totrack the destination of exports to ensure they do not end up in the wronghands. Ideally, that means limiting the inflow of deadly weapons into placeslike Syria.
After the ATT came into force, itsimplementation seems difficult because of lack of common enforcement mechanism,based on a standardised system of authorisation, and no clarity on any end-useof monitoring measures. Moreover, human rightsactivists have reported more than 80 allegedly attacks in Yemen by SaudiArabia. Some attacks have used UK-made cluster bombs allegedly targeting areascrowded with civilians including schools, hospitals, weddings and markets2. Saudi Arabia is the onlycountry in the world other than the UK that has access to the deadly “PavewayIV” bomb manufactured by Raytheon UK3. While the UK had stoppedmanufacturing cluster bombs in 1989 and signed up a convention in 2008 not touse them, however, Saudi Arabia is not a signatory of this convention4. Although it is claimedthat UK has the “toughest form of export licences in the world” and the UK soldarms in a way that was “robust and correct”5 yet there exist a needthat export licences pertinent to weapons be centrally issued not by individualcountries / producers but by an authorized UN body after deliberate checks /inspections. 4.
Research Questionsa. Does ATT adequately covers allaspects of arms control and safeguard international peace?(1) Does ATT adequately serve as a legallybinding instrument on the highest possible common international standards forthe transfer of conventional arms?(2) Is the scope of of ATT enoughand it covers all types of munitions of war / threats and aspects of modernwarfare?(3) If there are any weaknesses inATT and how they can be addressed?b. What are the concerns of membercountries for non-ratification of ATT and how it can be addressed? c. Is it true that there exist nogoverning body that could tax NBC wpns, conventional munitions, fighteraircrafts, combat helicopters, tanks and artillery available in differentcountries? (1) What are the benefits accruedfrom such taxation?(2) Does such measure willregularise future wars / conflicts?(3) Will it be possible to taxcountries?(4) How can this be possible?(5) Where can the collected taxmoney be used?d. Are all manufactured firearms /munitions registered?(1) Is it possible to trace theirsale / resale?(2) Is there an open database whichcan be accessed by UN inspectors? (3) Is there after sale inspectionof stores?(4) Is it possible to trace theiruse and the consumption of these firearms / munitions be recorded and legitimized?(5) Is it possible to calculatetheir after use extent of damage (collateral / legitimate target)?e. Are legitimate targets definedand well authorised?(1) Is the after conflict / wardamage assessment adequate?(2) What are the measures in placeto compensate the damages? By whom and to what limit?(3) Is there any security depositrequired prior to initiate war / conflict / airstrikes?(4) What if the war initiator endsup with loss and gets bankrupted? who will pay the damages?(5) Is there any fund in UN whichcaters for such situation?f.
Are all deals/ contracts offirearms / munitions b/w two countries adequately regularized?g. Are there defined UN inspectorsAcceptance Test Procedures (ATPs) / registration / requirement of end usercertificate for all international munitions contracts? h. Is firearms trafficking internationallytreated like drug trafficking? (1) Is it possible that if an illegal organization or group is foundusing a certain factory equipment / weapon / ammunition – the factory be sealedor some warning be issued or a disciplinary action is taken?(2) Does there exist any mechanism to centrally monitor (under UN)accounts of defence equipment suppliers?(3) How is it ensured that there is no black money / moneylaundering / back channel?(4) How black market works and what amount of profits are made?(5) Is there any requirement to harness this and how it can be done?5.
Research Methodsa. Study of Arms Control historyfrom open source and books.b. Contact with people /researchers who have already done study on Arms Control.c. Study of research paperspublished in Arms Control.d.
Study of in place arms controlregime?e. Study of Internationalhumanitarian Law, Arms control conventions (Geneva / Hague) and treaties (ATT,UNTOC, ITI, PoA)?f. Study / Visit of concerned UNOrganizations, Human Rights Watch – analyse its mandate / role / output?g.
Analysis of recent conflicts(Syria / Yemen / Ukraine / Afghanistan / Iraq) and pitching my researchquestions against each?h. Analysis of accessible weapondeals / defence equipment contracts and pitching my research questions?i. Questionnaires / interviewswith relevant SME ( Subject Matter Experts)j.
Scenario based testing offindings of my research.6. Significance of Research Theresearch is based on a principal fact that the world has produced enoughweapons to destroy itself four times. In any case the world must device anintelligent mechanism that all possibility of a third world war is barred. Recentconflicts is testament that illegal / rogue organizations are a growing threatto world peace and their access to munitions of war is creating more and moretrouble spots. My research will formulate a working mechanism how illegaltrafficking / use of firearms is restricted, sale of weaponry is regularized anduse of munitions is legitimized / traced. How we can stop abuse of warfare bylawful and justified international taxation policy.
How can we use these taxesto promote global peace, security and stability? The research work will review the existing ArmsTreaties, existing charter of concerned UN org ( like UNODA) analyse theshortfalls and recommend a working model for UN for better arms control.7. BibliographyFrancesca, Ferraro,”Ratifying the UN Firearms Protocol.
” Library BriefingLibrary of the European Parliament. 25/06/2013: p. 1-2.Latek, Marta, “The Arms Trade Treaty Finally anoutcome and what next?” Library Briefing Library of the EuropeanParliament. 29/05/2013: p.
1-6.UNODC, ” Comparative Analysis of Global Instrumentson Firearms and other Conventional Arms: Synergies for Implementation” UnitedNations, Vienna 2016.Staff. “Universalization of ATT”. Control ArmsAlliance and Reaching Critical Will. Retrieved 24 December 2013.1Over thirty states have objected to various parts of the ATT duringnegotiations, the majority of which held strong concerns about the implicationsfor national sovereignty2 http://www.independent.co.uk/news/world/saudi-arabia-yemen-uk-bombs-sold-arms-deal-used-unlawful-attacks-claims-a7776071.html 3 http://www.independent.co.uk/news/uk/politics/date-court-legal-challenge-ban-british-arms-sales-to-saudi-arabia-yemen-a7384331.html 4 https://www.theguardian.com/world/2016/dec/19/saudi-arabia-admits-use-uk-made-cluster-bombs-yemen 5 http://www.independent.co.uk/news/world/saudi-arabia-yemen-uk-bombs-sold-arms-deal-used-unlawful-attacks-claims-a7776071.html
