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Art.11 Diversion

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 — International trade — Humanitarian intervention — International peace and security

This chapter analyses Article 11 of the ATT. The article includes a series of obligations and commitments aimed at preventing, addressing, and comprehending the diversion of conventional arms, generally understood as delivery to an unauthorized end user or unauthorized use by an authorized end user. The commitments pertain to all states parties involved in the transfer of arms including exporting, importing, transit, and trans-shipment states, as well as those involved in any brokering activities relating to a proposed transfer. The obligations concern only the possible diversion of conventional arms covered under Article 2(1), not ammunition/munitions or parts and components. Co-operation and assistance, particularly information-sharing among states parties, are central to the provisions in Article 11, highlighting that the diversion of conventional arms is not something that states can prevent or address in isolation from each other.

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