Rappresentanza Permanente d’Italia presso la Conferenza del Disarmo Ginevra

Main Statements

The Arms Trade Treaty (ATT) is the first global legal instrument setting out common international criteria for the authorization (or prohibition) of transfers of conventional arms. Adopted by vote by the General Assembly on 2 April 2013, it entered into force on 24 December 2014, three months after obtaining the fifty required ratifications in an exceptionally rapid process. To date, the Treaty has been ratified by 113 States and signed by 28.

The ATT, which is the first treaty of its kind, has two main objectives: to regulate or improve the regulation on the trade of conventional weapons and to prevent/suppress their illicit trafficking, in order to contribute to international security, reduce human suffering and promote responsible actions in this area by States.

The Treaty applies to eight categories of conventional weapons. Modelled on those contained in the United Nations Register of Conventional Weapons, the eight categories of the ATT scope include ammunition, small arms and light weapons. The “heart” of the Treaty consists of the provisions contained in Articles VI and VII: the first sets out the cases in which arms transfers are prohibited (if these are violation of sanctions such as UNSC arms embargoes, or if the arms to be transferred could be used in the commission of acts of genocide, crimes against humanity or violations of the Geneva Conventions of 1949).

Art. VII lays out criteria that States Parties must consider when deciding on arms export authorizations. In particular, such authorizations should not be granted if the transferred weapons could lead to the commission or facilitation of:

– Serious violations of international humanitarian law;

– Serious violations of international human rights law;

– Acts in breach of international conventions on terrorism;

– Acts in breach of international conventions related to the international organized crime.

When deciding on arms export applications, States Parties will also have to take into account the risk that the transferred weapons could be used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children.

The ATT also contains provisions – albeit with a much lesser level of detail – relating to the control of weapons imports, transits/trans-shipment, and brokering. A robust article is dedicated to measures aimed at preventing, identifying and stemming arms diversion flows from the licit to the illicit market. Of these, information exchange and international cooperation occupy a particularly important place.

Other Treaty measures relate to record-keeping (Art. XII), annual national reporting (Art. XIII), and international cooperation and assistance (Art. XV-XVI). From the institutional point of view, the ATT establishes a Conference of the States Parties as the primary decision-making organ, which is also tasked with reviewing and assessing progress in treaty implementation, and a Secretariat. As a result of the decisions taken by the first Conference of the States Parties held in August 2015 Cancún, the Secretariat was established in Geneva.

From 19 to 23 August 2024, under the Romanian Presidency, the tenth Conference of States Parties (CSP10) took place, following the traditional framework of sessions dedicated to the effective implementation of the Treaty, its universalisation, transparency and reporting, financial and management issues. The meeting was of particular importance, marking the tenth anniversary of the entry into force of the Treaty (24 December 2024) and representing an opportunity to review the implementation of provisions contained therein, the successes achieved and the challenges that lie ahead for the years to come. These reflections were primarily collected in the Political Declaration presented by the United Kingdom and signed by 73 countries, including Italy, which recognized the Treaty as a key instrument of the international security architecture thanks to its role in preventing arms transfers agreements carried out in violation of international law, including international humanitarian law, the reduction of human suffering, the promotion of cooperation, transparency and responsible actions of States Parties in the international arms trade. The Declaration also reiterates the importance of strengthening the universalization process and the application of the provisions of the Treaty on transparency and reporting, providing support to the national capacities of the States Parties that need it, primarily through the use of the Voluntary Trust Fund (VTF). Finally, the Declaration recognizes the benefits of charting a strategic direction for the next decade, with the possibility of defining a set of shared objectives and priority actions.

The ATT, in addition to the annual Conference, traditionally organizes its work through working groups that meet periodically and daddress certain thematic areas: the effective implementation of the Treaty (WGETI), universalisation (WGTU), transparency and reporting (WGTR). During the last meetings of 2024, the WGETI met for the first time after the approval, during the ninth Conference of States Parties, of a reconfiguration of the structure and contents examined by the Group, which saw the transition from a conceptual approach to concrete examples to be discussed during the sessions of three subgroups dedicated to the implementation of Art. VI & VII; the exchange of national practices relating to the implementation of the Treaty; current and emerging issues. Regarding the WGTR, the Group confirmed the reduced number of annual reports submitted by States Parties, a flaw that undermines one of the most significant obligations under the Treaty. According to the updates provided by the Secretariat for 2023, only 57% of the reports scheduled for the year in question were submitted. Among the difficulties highlighted by States Parties, the lack of human and financial resources and the administrative burdens, in particular the ability to fill in relevant documents and the disaggregation of information

The matters addressed by the ATT are of paramount importance for international peace and security, especially considering that nearly ten years since its entry into force, global military expenditures have increased by 19% (2013-2022). This occurs within a context of erosion of the multilateral and regional arms control system.

Italian participation in the ATT

Italy, that was the first EU country to ratify the ATT (September 2013), consider this Treaty as a fundamental instrument not only to regulate the conventional arms trade, but also to promote the respect for human rights. In Italy’s view, the criteria spelled out in Art. VII are critical. The provisions relating to the prevention of acts of gender-based violence, in particular, constitute one first inclusion of the notion of human security in the broader context of global security. More generally, the Treaty introduces important measures of control and transparency in the arms trade, and brings to the fore the social, humanitarian, economic, and safety consequences of illicit and irresponsible arms transfers.

Italy has played a very active role during the whole process leading to the adoption of the ATT, stressing, from the start, the need for a legally binding global instrument that, while respecting the legitimate right to self-defence and the provisions of the UN Charter, would create obligations able to guarantee that conventional arms transfers decisions would be taken legally and responsibly. For Italy, the ATT is grounded on the strong belief that an unregulated or irresponsible arms trade foster armed conflicts, terrorism and organized crime; result in human rights and international humanitarian law violations; destabilize countries and regions, and create serious obstacles to economic and social development.

Main Statements

Preparatory Meeting to the Eleventh Conference of States Parties (CSP) – Geneva, 20-21 May

Ms. Elena Gai