A/HRC/42/CRP.1 knowledge of past patterns, that such weapons would be used to violate [international humanitarian law].” This obligation requires an assessment to be made prior to any arms transfer.1449 Other related positive measures include conditioning, limiting or refusing such arms transfers.1450 914. Similarly, the 2013 Arms Trade Treaty, to which France and the United Kingdom are parties, prohibits the transfer of conventional arms or related items if the State party has knowledge that they would be used in the commission of mass atrocities, including war crimes.1451 In other cases, States need to consider the respect for international humanitarian law by the importing State prior to authorizing the export of conventional arms. 1452 According to international law, and as explicitly provided by the International Law Commission’s draft articles on State responsibility that are considered as an expression of customary international law, States have an obligation to cooperate to bring to an end – through lawful means –any serious breach of international law.1453 Considered as serious are breaches by a State of an obligation arising under a peremptory norm of general international law.1454 It is generally agreed that the prohibition of aggression, genocide, slavery, racial discrimination, crimes against humanity, torture, and the right to selfdetermination, as well as fundamental rules of international humanitarian law, amount to peremptory norms of international law.1455 Such duty of cooperation is further implied in the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, as expressly recalled by almost all core international human rights treaties. 1456 In addition, international cooperation is an essential element of the realization of economic, social and cultural rights.1457 915. Third States also have an obligation not to recognize as lawful a situation created by a serious breach of international law, nor may they render aid or assistance in maintaining 1449 ICRC commentary to article 1 common to the Geneva Conventions, 2016, para. 162; See also Updated European Union Guidelines on promoting compliance with international humanitarian law, 2009/C 303/06 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52009XG1215(01), B (16)(i); See Dörmann/Serralvo, p. 732–735;; ICRC, “Arms Transfer Decisions: Applying International Humanitarian Law Criteria”, Practical Guide, May 2007 (https://www.icrc.org/en/doc/assets/files/other/icrc_002_0916.pdf). 1450 ICRC commentary to article 1 common to the Geneva Conventions, 2016, para. 181. See e.g. 31st International Conference of the Red Cross and Red Crescent, Geneva, 2011, Res. 2, Annex 1: Action Plan for Implementing International Humanitarian Law, Objective 5: Arms transfers (https://www.icrc.org/en/doc/resources/documents/resolution/31-international-conference-resolution2-2011.htm);; 28th International Conference of the Red Cross and Red Crescent, Geneva, 2003, Agenda for Humanitarian Action, Final goal 2.3 (https://www.icrc.org/en/doc/assets/files/other/icrc_002_1103.pdf); Alexandra Boivin, “Complicity and beyond: International law and the transfer of small arms and light weapons”, International Review of the Red Cross, Volume 87 Number 859, September 2005 (https://www.icrc.org/en/doc/assets/files/other/irrc_859_boivin.pdf), p. 475-479. 1451 Art. 6, para. 3 Arms Trade Treaty. 1452 Art. 7, para. 1 Arms Trade Treaty. 1453 International Law Commission Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Article 41, para. 1. 1454 International Law Commission Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Article 40. 1455 See ILC Draft articles on the Responsibility of States for Internationally Wrongful Acts with commentaries, 2001, Art. 26, para. 5, p. 85 and Art. 40, para. 4, p. 112-113 referring to Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports 1996, para. 79; See commentary to the 1969 Vienna Convention on the Law of Treaties, Art. 50, para. 3. 1456 United Nation Charter, article 1(3); See Preamble of International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention on the Right of the Child; Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Elimination of Racial Discrimination and Convention on the Rights of Persons with Disabilities. 1457 This can be seen throughout the ICESCR, see for example Art. 2(1), Art. 11(2) and Art. 23; see also Committee on Economic, Social and Cultural Rights, General Comment No.3 (the nature of States parties’ obligations). 219