The Response from the European Union on Small Arms and Light Weapons Control

Abstract: There have been several agreements over the years dealing with issue of arms control agreements, but no a specifically small arms and light weapons (SALW) control agreement. Nonetheless, transfer of arms could only be seen as legal when conducted in consistency with international law. There are to our use fundamental international legal principles that define how and when weapons can be engaged and to what extent. The misuse of these principles, mostly within International Humanitarian Law and Human Rights Law, has effect in regions where there is an on-going conflict. It is clear that recent cases of genocide, perpetrated by weapons of choice, small arms and light weapons, have been only made possible through the transfer of SALW. Internationally applied weapon embargoes and other directly aimed sanctions have proven not be sufficient instruments for such international organisations as the United Nations to limit the spread of arms. This illicit spread of SALW has become an obstacle to achieving peace and save mankind from the scourge of war, thus the international community has agreed to put political determination to curb this illicit traffic of arms. But not all arms are illegal. There is a need for legal transfer of arms to be regulated. Those legally transferred arms could be transferred or re-distributed within the buyer country or re-exported under undesirable conditions, thus the exporting state needs to consider and assess the possible impact of the proposed export on the importing country and the risk that exported goods might be diverted to an undesirable end-user. It is the loss of control over export or through licence agreements and the possible space in state regulation, regarding arms control that will contribute to the spread of SALW in areas where there is poor human rights records. However, restraints and cautions are meaningless unless accurate laws and regulations, both domestic and international, and only if these laws possess effective law enforcement mechanisms, properly back them up. The European Union Code of Conduct on Arms Export (The Code) aims to prevent the export of such conventional weapons to destinations where they might lead to internal repression and external aggression. The Code is a way forward for the Europe to this end, but the Code lacks to some extent credibility, in view of the fact that its wordings provide room for interpretation and there is no reference to international law on the definitions used in the Code Eight Criteria's. The Code is built up as Conduct Guidelines, a political binding document - unfortunately not a legally binding document. One obvious obstacle to achieve greater transparency within this regional environment is EU Treaty Article 296 (ex Article 223), that provides Member States full control over their own military strength. This article has made it difficult to coordinate trade policies in the area of weapons export within the European Union.