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The Arms Trade Treaty, Day Three: Turning Up the Pressure on the U.S.

2013 Arms Trade Treaty NegotiationsAmmoLand March 22, 2013

Washington, DC --(Ammoland.com)-   As the U.N. Arms Trade Treaty (ATT) conference moved through its third day, the isolation of the United States became ever clearer.

The U.S. position is that the current text of the treaty, negotiated last July, needs to be better drafted but should not be substantially changed. Yesterday (March 20th 2013), it became increasingly obvious that most nations disagree.  

Discussion yesterday centered on the core of the treaty: the items it covers, the criteria it will apply to arms transfers, the way it will be implemented, and how it will come into force. A large number of nations argued that the current draft—which requires nations not to transfer arms “for the purpose” of facilitating genocide, war crimes, or crimes against humanity—is too weak. These nations want this “purpose” standard replaced with a “knowledge-based” standard, i.e., if you have knowledge (or should have had knowledge) that your arms will be used for this purpose, you should not export them.

This sounds reasonable, but it amounts to a standard that will be used to second-guess every U.S. export that someone believes has gone wrong on the grounds that the U.S. should have known better. But the U.S. has a very limited ability to foresee the future: It did not expect the genocide in Rwanda or the Arab Spring, for example.

In practice, therefore, a knowledge-based standard would endanger U.S. defense exports to all but the very purest nations, which is exactly what the holier-than-thou brigade (supplemented by covetous European defense firms) wants to accomplish. It will also lead to U.N. investigations of U.S. defense sales and demands for documents from and testimony by U.S. officials in order to establish how much “knowledge” they had or should have had.

The other demands brought forward yesterday were, if anything, worse.
France spoke for several other nations demanding the inclusion of technology for the manufacturing of arms within the scope of the treaty, an impractical idea that would require the U.S. to control virtually every industrial process.

Many nations demanded that countries not only submit reports on their arms sales to a new international secretariat but that these reports be publicly available, an idea that—if it includes individual firearms owners—raises important privacy questions. Other nations want the power to amend the treaty by majority rule, which would raise serious sovereignty concerns for the U.S.

But in a way, the most damaging intervention came from the combination of Liberia, Trinidad and Tobago, and Russia. Liberia criticized every mention of national laws, every “where appropriate,” and every “where feasible” in the current treaty draft as “clawback clauses” that collectively weakened it. In reality, these clauses are there in large part to accommodate the U.S., its federal system, and the Second Amendment.

Trinidad and Tobago (speaking for the Caribbean Community) made the closely related point that implementation of the treaty at a national level only increases the importance of enforcing commonly agreed international standards. For its part, Russia demanded that the treaty place as many controls on the import of firearms as it does on exports.

None of this will necessarily find its way into the treaty now. But it points to an agenda for treaty amendments and for future pressure on the U.S., all of which will center on the argument that the treaty’s common standards should override the room the existing draft makes for the U.S. system and require tighter controls on imported firearms.

Finally, a number of autocracies, a few democracies, and even more treaty supporters on the outside want the treaty to be policed by an international court—either by the International Court of Justice, a group of so-called experts, or an entirely new organization. As Iran ridiculously asserted, the treaty favors arms exporters by allowing them to deny sales, while arms importers (which is what Iran would like to be) have no right of appeal against denied sales.

The Netherlands made the obvious, but often forgotten, objection that any mandatory arbitration system (indeed, any supranational oversight at all, I would add) would allow the dictatorships the right of appeal, which would amount to giving them the “right to buy” from unwilling sellers.

If anything is unacceptable, it’s that.

About Heritage Foundation
The Heritage Foundation is the top conservative think tank in the United States. Their blog starts your morning off right with “The Morning Bell,” a blogpost that brings you up to speed on current issues, and then updates you throughout the day on a variety of issues concerning conservatives. Visit: http://blog.heritage.org

About Ted R. Bromund, Ph.D.:
Ted R. Bromund studies and writes on British foreign and security policies and Anglo-American relations as senior research fellow in The Margaret Thatcher Center for Freedom. He also explains why America must defend and advance its unique leadership role in the world. Visit: http://blog.heritage.org/author/tbromund/ to read more.

Read more at Ammoland.com: http://www.ammoland.com/2013/03/the-arms-trade-treaty-day-three-turning-up-the-pressure-on-the-u-s/#ixzz2ONobNXxc

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13 Responses to The Arms Trade Treaty, Day Three: Turning Up the Pressure on the U.S.

  1. John W. says:

    It would be in the U.S. best interest to reject this treaty. Other nations would like nothing more than for us to be disarmed in the name of world peace. Peace is in the hands of the people of the nation, not their Government. Once our guns are removed, other nations, including our own Government, will walk all over us.

  2. noto obitter says:

    Shall not be infringed! If this is signed it is unlawfull and I shall not comply. My rights do not come from the government or the constitution, they are mine and only I can have jurasdiction over me. I know many of you will roll your eyes or laugh at this but come and try taking a right of mine from me. I Shall Not Comply!

  3. NC says:

    “These nations want this “purpose” standard replaced with a “knowledge-based” standard, i.e., if you have knowledge (or should have had knowledge) that your arms will be used for this purpose, you should not export them.”

    Here we go with the vague and ambiguous terminalogy again. What the elite love to do. This basically tells everyone to snitch on everyone and that everyone is guilty until proven innocent, (like every other law that they have implemented in the past) rather than innocent until proven guilty.

  4. rhumstruck says:

    Not counting the ubiquitous trolls we suffer, I believe most everyone here is ready for the dance. SOUND THE CHARGE!
    No, wait. Wait until these bastards start the dance. For now, smoke em if ya got em.

  5. Smilardog says:

    Well, I have some good news. A few more of my friends reported that they were able to find a few more defense weapons and ammo to boot.

  6. Dave says:

    All of these gun hearings by all of the usual leftists mean nothing to me since I shall never relinquish any gun to any man, cop or king.

    • Jolly Roger says:

      I’m with you, Dave. They can negotiate all they like, because none of it applies to me.

      I guess they have to make it look like they’re not really trying to disarm the world’s “useless eaters” so they can be slaughtered, but we know better. They seem to enjoy slaughtering people, so giving them unlimited power by allowing yourself to be disarmed, will most certainly result in your death.

      They ENJOY killing people, and they celebrate their genocides. You DO NOT want to be defenseless and at the mercy of these madmen.

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