A/HRC/42/CRP.3 33. Currently there are 104 States Parties to the ATT. 52 While none of the States identified by the Mission as transferring arms or related items to the Tatmadaw is a party to the ATT, some of them – Ukraine, the Philippines and Israel – have signed the treaty.53 Signapore, which requires further investigation into its actions, is also a signatory. As signatories, each of these States has an obligation to “refrain from acts which would defeat the object and purpose” of the Arms Trade Treaty, unless it has made its intention clear not to become a party to the treaty.54 Given the ATT’s stated object and purpose of establishing the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms for the purpose of reducing human suffering, the Mission regards acts contrary to Articles 6 and 7 as defeating the treaty’s object and purpose, and so a violation of international law by a signatory State.55 (e) Other-export control standards 34. The Mission’s legal analysis is also informed by the EU common position controlling the export of military technology and equipment,56 which imposes strict obligations on European Union countries to apply existing sanctions and arms embargoes, as well as deny export licenses where there is a clear risk that the military technology or equipment to be exported might be used for internal repression, defined as including, inter alia, torture and other cruel, inhuman and degrading treatment or punishment, summary or arbitrary executions, disappearances, arbitrary detentions and other major violations of human rights and fundamental freedoms as set out in relevant international human rights instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.57 Moreover, the EU common position makes clear that where there are serious grounds for believing that the end-user of dual-use goods and technology will be the armed forces or internal security forces or similar entities in the recipient country, such goods are considered, for the purposes of export control, military technology or equipment.58 35. For countries exporting technology and equipment to the Tatmadaw that are not European Union members, the Mission was informed by the non-binding Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The Arrangement has 42 State participants and is intended to reduce threats to regional and international security. The Wassenaar Arrangement promotes “transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies” 52 53 54 55 56 57 58 The Arms Trade Treaty (https://thearmstradetreaty.org/treaty-status.html?templateId=209883#) The Arms Trade Treaty, “ATT Signatories that have not yet ratified, accepted, or approved the Treaty,” (https://thearmstradetreaty.org/hyperimages/file/List%20of%20ATT%20Signatory%20States%20(10%20May%202019)/List%20of%20A TT%20Signatory%20States%20(10%20May%202019).pdf). Vienna Convention on the Law of Treaties, Article 18. Myanmar acceded to the Vienna Convention on the Law of Treaties on 16 September 1998. https://treaties.un.org/Pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXIII1&chapter=23&Temp=mtdsg3&clang=_en. Article 1 of the ATT sets out its object and purpose. Its object is to “establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms” and to “prevent and eradicate the illicit trade in conventional arms and prevent their diversion.” “Reducing human suffering” is one of the ATT’s fundamental purposes. The others are to contribute to international and regional peace, security and stability, and to promote “cooperation, transparency and responsible action by States Parties in the international trade in conventional arms, thereby building confidence among States Parties”. The implementation of the treaty’s arms transfer criteria, set out in Articles 6 and 7, is therefore particularly relevant to the ATT’s object and purpose. For further information, see: Understanding the Arms Trade Treaty from a Humanitarian Perspective, International Committee of the Red Cross, 2016. European Union Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment. Criteria 2, European Union Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment. Article 6, European Union Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment 13