A/HRC/35/8 36. The Special Rapporteur on the human rights of internally displaced persons recommended, in relation to the conflict in the Syrian Arab Republic, that the international community, humanitarian actors and donors take measures to counter further militarization of the conflict and resulting displacement by restricting arms transfers. 56 Also in the context of that conflict, the Independent International Commission of Inquiry on the Syrian Arab Republic concluded that: The desperation of the parties to the conflict has resulted in new levels of cruelty and brutality, bolstered by an increase in the availability of weapons. Increased arm transfers hurt the prospect of a political settlement to the conflict, fuel the multiplication of armed actors at the national and regional levels and have devastating consequences for civilians.57 The Commission recommended that the international community counter the escalation of the conflict by restricting arms transfers, especially given the clear risk that the arms will be used to commit serious violations of international human rights or humanitarian law. 58 37. A number of relevant recommendations have been made by States during the universal periodic review, including that States ensure that no arms are traded with regions that deploy child soldiers; review legislation and introduce a prohibition on the sale and transit of arms to countries where children may potentially be recruited or used in hostilities; ratify and implement the Arms Trade Treaty; and consolidate efforts for the ratification of the Treaty with the aim of consolidating common international norms to regulate international trade in conventional arms, ammunition and parts and components, contributing to peace and security, reducing human suffering and promoting cooperation and transparency. 59 Of those recommendations, seven have been accepted and two have been noted. V. Elements to assess the relationship between arms transfers and international human rights law 38. The present section contains suggestions for how States and other relevant stakeholders could assess the relationship between arms transfers and human rights law with a view to guiding them to strengthen efforts to effectively protect human rights. 60 In particular, the suggestions could form the basis of the human rights risk assessments that must be conducted under regional arms transfer instruments and pursuant to article 7 of the Arms Trade Treaty. They could also provide a framework for requests for information by the exporting State to the recipient State under article 8 of the Treaty. Their incorporation into national law, policies and operating procedures may assist in ensuring a consistent application of human rights criteria in all decisions on arms exports, as well as in improving accountability and transparency. Consideration may also be given to using the suggestions in the future development of a set of indicators to identify and measure the impact of arms transfers on the enjoyment of human rights. 39. The suggestions have been grouped into three main categories, namely: the recipient State’s commitment and capacity to comply with and implement its international human rights obligations, its respect for human rights and its capacity to control the use of 56 57 58 59 60 See A/67/931, para. 78 (b). Report of the Independent International Commission of Inquiry on the Syrian Arab Republic (A/HRC/23/58, para. 157). Ibid., para. 164 (d). A/HRC/15/6, A/HRC/15/11, A/HRC/18/3, A/HRC/26/3, A/HRC/30/9, A/HRC/30/11, A/HRC/30/16, A/HRC/32/13 and A/HRC/33/15. See, inter alia, the contributions of Amnesty International, Child Soldiers International, Control Arms, GRIP, Omega Research Foundation, Saferworld and WILPF. See also module six of the Arms Trade Treaty implementation toolkit prepared by the Office of Disarmament Affairs of the Secretariat; Amnesty International, How to Apply Human Rights Standards to Arms Transfer Decisions (2008); and International Committee of the Red Cross, Arms Transfer Decisions: Applying International Humanitarian Law and International Human Rights Law Criteria — A Practical Guide (2016). 11

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents