Jump to Content Jump to Main Navigation

Art.9 Transit or Trans-Shipment

Stuart Casey-Maslen, Andrew Clapham, Gilles Giacca, Sarah Parker

From: The Arms Trade Treaty: A Commentary

Andrew Clapham, Stuart Casey-Maslen, Gilles Giacca, Sarah Parker

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Human rights remedies — Arms control — Weapons — Humanitarian intervention — International peace and security

This chapter discusses Article 9 of the ATT, which covers the regulation of each state party of the transit and trans-shipment of conventional arms through its territory. The obligation does not extend to ammunition/munitions or parts and components. The inclusion of specific obligations with respect to transit and trans-shipment reflects the need to ensure that all activities that form part of international arms transfers are regulated in order for the object and purpose of the ATT to be achieved in practice. The obligation in Article 9 is heavily qualified in recognition of the practical and legal issues that limit the ability—and capacity—of states to regulate and control goods in transit. State parties also have an obligation to prevent diversion of such arms, to co-operate and exchange information to mitigate any detected risk of diversion, and to take action to address any diversion detected.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.