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
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